Category Archives: Feminism and Law

Reid on “Sex, Drugs, and American Jurisprudence”

Susan Reid (J.D. Columbia, 2011) has posted to SSRN her working paper “Sex, Drugs, and American Jurisprudence: The Medicalization of Pleasure.”  Here is the abstract: This paper explores the role of medical arguments in cases where courts have overturned statutes … Continue reading

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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

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Posted in Courts and the Judiciary, Feminism and Families, Feminism and Law, Socioeconomic Class | 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

Feminist Law Prof Carrie Bettinger-Lopez and Miami Human Rights Clinic Win Big Women’s Rights Case Before Inter-American Commission on Human Rights

From Froomkinland: U. Miami lawyers from our new Human Rights Clinic won a major moral victory for their client Jessica Lenahan (formerly formerly Jessica Gonzales) in a decision announcedtoday July 21, 2011 by the Inter-American Commission on Human Rights, Jessica Lenahan (Gonzales) v. United … Continue reading

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Posted in Academia, Acts of Violence, Feminism and Culture, Feminism and Law | Comments Off

Invitation and Call for Papers: Feminist Legal Theory Collaborative Research Network, January 2012

The Feminist Legal Theory Collaborative Research Network is a newly-constituted group that seeks to bring together scholars across a range of fields who are interested in feminist legal theory. At our inaugural get-together at the Law and Society Association meeting … Continue reading

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Posted in Academia, Call for Papers or Participation, Feminism and Law | 7 Comments

Financial and Other Support Requested for Documentary Film Advocating Justice for Sex Trafficking Victims and Survivors

Professor Kate Nace Day (Suffolk) was one of the organizers of the “Human Rights and Sex Trafficking” Film Forum, held last December in Cambridge, Massachusetts (previously blogged here and here). A collaborative team — including Professor Day, practicing lawyers, law students, … Continue reading

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Posted in Feminism and Law, Feminism and the Arts, Sex Trafficking | Comments Off

Spindelman on “Sexual Freedom’s Shadows”

Marc Spindelman (Ohio State) has published his essay Sexual Freedom’s Shadows, 23 Yale J.L. & Feminism 179 (2011).  It is both review of a book by Tim Dean called Unlimited Intimacy: Reflections on the Subculture of Barebacking (UChicago Press, 2009), … Continue reading

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Posted in Feminism and Culture, Feminism and Law, Feminism and Medicine, Feminism and Politics, LGBT Rights | Comments Off

Mészáros on “Young People Raping and Taping”

József Mészáros has posted to SSRN a working draft of his paper The New Pornographers: Neuroscience Justifies a Robust Regulatory Response to Young People Raping and Taping.  Here is the abstract: An increase in the occurrence of young men participating … Continue reading

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Posted in Acts of Violence, Feminism and Law, Feminism and Medicine, Feminism and Science, Feminist Legal Scholarship | 1 Comment

Drawing Attention to Date Rape Drug Cases

In a column in today’s Pittsburgh Post-Gazette. -Tony Infanti

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Posted in Acts of Violence, Feminism and Law | Comments Off

Ouellete’s “Bioethics and Disability: Toward a Disability-Conscious Bioethics”

Alicia Ouellete (Albany) has published a new book, Bioethics and Disability: Toward a Disability-Conscious Bioethics, with Cambridge University Press.  Here‘s the publisher’s description: Bioethics and Disability provides tools for understanding the concerns, fears, and biases that have convinced some people with disabilities … Continue reading

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Posted in Feminism and Law, Feminism and Medicine, Feminism and Politics, Recommended Books, Women's Health | Comments Off

A Few Somewhat Disconnected Thoughts About Rape

In an effort to be an ethical attorney I try, though sometimes fail, to honor the “innocent until proven guilty” presumption that people charged with crimes are entitled to in my writing and legal analysis.  High profile rape cases present … Continue reading

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Posted in Academia, Coerced Sex, Feminism and Law | Comments Off

Correlation is not Causation

Why, why, why do people continue to ignore this simple rule–including people who presumably know better but who invoke a correlation as a lazy rhetorical device? In The Atlantic this month, neuroscientist David Eagleman writes about biological bases for criminal … Continue reading

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Posted in Acts of Violence, Feminism and Law, Feminism and Science, Masculinity, Prisons and Prisoners, Race and Racism | 1 Comment

Areheart on “Disability Trouble”

Bradley A. Areheart, the Bruce R. Jacob Visiting Assistant Professor at Stetson University College of Law, has posted to SSRN his article Disability Trouble, 29 Yale Law & Policy Review 347 (2011).  Its theoretical framework borrows from Judith Butler’s work on gender and … Continue reading

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Posted in Feminism and Law, Feminism and Medicine, Feminist Legal Scholarship, Women's Health | 1 Comment

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

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Posted in Courts and the Judiciary, Feminism and Law, Feminism and Science | Comments Off

Some Say CEDAW is Bad Idea

Christina Hoff Sommers, Resident Scholar at the American Enterprise Institute for Public Policy Research, writes here in the Policy Review on Feminism by Treaty: Why CEDAW is Still a Bad Idea.  Here is an excerpt: The question the Senate has … Continue reading

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Posted in Feminism and Law, Sisters In Other Nations | 1 Comment

Another Attack On Hotel Staff Member Results In Suspension Of Supervisor, Agreement To Provide “Panic Buttons”

The Hotel Pierre, site of another reported sexual attack on an employee, has suspended a housekeeping because that person apparently only entered the report into a logbook. A manager saw the report the next morning and called highers-up, who then … Continue reading

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Posted in Acts of Violence, Feminism and Law, Feminism and the Workplace, If you're a woman | Comments Off

“An estimated 100,000 to 300,000 American-born children are sold for sex each year. The escalating numbers have prompted national initiatives by the F.B.I. and other law enforcement agencies, and new or pending legislation in more than a dozen states, most recently Georgia, which enacted a toughened human trafficking law this month.”

That’s a sentence pulled from this NYT article.

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Posted in Acts of Violence, Coerced Sex, Feminism and Law, Sex Trafficking | Comments Off

Aura Bogado on “Slutwalk”

Here. She raises some issues that need to be thought through. ETA: Links to additional critiques of Slutwalks here.

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Posted in Coerced Sex, Feminism and Law, Race and Racism, Sex Trafficking | 1 Comment

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

Barbara Lenk Confirmed for Seat on Mass. SJC

Barbara Lenk has won confirmation for a seat on the Massachusetts Supreme Judicial Court. She now becomes the first openly gay or lesbian person to sit on Massachusetts’s highest court. Here is Justice Lenk’s bio from the Massachusetts Appeals Court’s … Continue reading

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King & Spalding Fired for “Obsequious Act of Weakness”

The notoriously anti-LGBT Attorney General for the State of Virginia has fired King & Spalding in retaliation for its withdrawal from representing the U.S. House of Representatives in defending the constitutionality of the federal DOMA in court: “King & Spalding’s … Continue reading

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On Civil Marriage

Jessica Knouse, University of Toledo College of Law, is publishing Civil Marriage: Threat to Democracy in the 2012 volume of the Michigan Journal of Gender & Law. Here is the abstract. This article argues that civil marriage and democracy are … Continue reading

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Posted in Feminism and Law, If you're a woman | Tagged | Comments Off

Latina Lawyers Before the Supreme Court

Maria Guadalupe Mendoza has published The Thirteen Known Latina Litigants Before the Supreme Court of the United States. Here is the abstract, updated April 3, 2011. From 1935 to 2010, only thirteen known Latinas have argued before the Supreme Court … Continue reading

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Posted in Feminism and Law, Feminist Legal History, If you're a woman, The Underrepresentation of Women | Tagged , | Comments Off

MIT Releases Third Study On Status Of Women Science and Engineering Faculty

Today, the Massachusetts Institute of Technology releases a report examining the status of women faculty in science and engineering, the third such report since 1999. The upshot: There’s progress, but more needs to be done. The number of women faculty … Continue reading

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Posted in Academia, Employment Discrimination, Feminism and Families, Feminism and Law, Feminism and Science, Feminism and the Workplace, Feminists in Academia, The Underrepresentation of Women | Comments Off

Black on “Stalled: Gender Diversity on Corporate Boards”

Barbara Black, the Charles Hartsock Professor of Law and Director of the Corporate Law Center at the University of Cincinnati College of Law has posted to SSRN her essay, Stalled: Gender Diversity on Corporate Boards.  Here is the abstract: In … Continue reading

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Posted in Feminism and Culture, Feminism and Law, Feminist Legal Scholarship, The Underrepresentation of Women | Comments Off

Liz Glazer on “Sexual Reorientation”

Yesterday I had the good fortunate to hear an engaging talk by Feminist Law Prof Liz Glazer (Hofstra).  She was invited by the student LAMBDA organization in connection with our school’s Spotlight on Diversity Week, held annually each year.  Here … Continue reading

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Cyra Choudhury on “Exporting Subjects: Globalizing Family Law Progress Through International Human Rights”

Cyra Akila Choudhury (FIU) has posted to SSRN her article Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, 32 J. Mich. Int’l Law  259 (2011) Here is the abstract: This article examines the global export of domestic U.S. legal … Continue reading

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Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations | Comments Off

Sisters On the Bench

Hannah Brenner, Michigan State University College of Law, is publishing Gender and the Judiciary in South Africa: A Review of the Documentary Film Courting Justice, in a forthcoming issue of the Yale Journal of International Affairs. Here is the abstract. … Continue reading

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Posted in Feminism and Law, Feminism and the Workplace, Legal Profession, Sisters In Other Nations | Tagged , | 1 Comment

The Value of a Name

Names are important.  They reflect our identity, and so the ability to keep or change them implicates our autonomy.  A recent lawsuit in Japan brings this importance into sharp relief.  There, a group of women filed suit yesterday, challenging a … Continue reading

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Posted in Feminism and Culture, Feminism and Law | 3 Comments

Harassment in the Intersection: Gender, Race, and Class in the Street

When people talk about “street harassment,” they are usually talking about a man harassing a woman he doesn’t know in a public place.  They are usually talking about a man doing things like whistling, cat-calling, or offering crude commentary about … Continue reading

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Posted in Feminism and Law, Race and Racism, Sexual Harassment | Tagged | 3 Comments

The Look of (In)Justice

Apparently spurred by Justice Scalia’s provocative comments a few months ago regarding the constitutional rights of women (or, according to him, lack thereof), Dennis Curtis and Judith Resnik have put together a slide show over at Slate that explores different … Continue reading

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Posted in Feminism and Law | 1 Comment

Who are these people?

I just received the annual email from my dean inviting me to nominate students for several awards. I am taken aback by the criteria for the award from the National Association of Women Lawyers. The award consists of a one-year … Continue reading

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Human Rights Defenders: In the frontlines

Today is Human Rights Day, the anniversary of the adoption of the Universal Declaration of Human Rights.  Some thoughts on this day, cross-posted on IntLawGrrls: Dora “Alicia” Recinos Sorto of El Salvador was shot dead in November 2009 while on … Continue reading

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Posted in Feminism and Law, Feminism and the Environment, LGBT Rights, Sisters In Other Nations | Comments Off

Do Unions Help Women Faculty?

Ann Mari May, Elizabeth Moorhouse, and Jennifer A. Bossard have published Representation of Women Faculty at Public Research Universities: Do Unions Matter? in volume 63 of the Industrial and Labor Relations Review (2010). Here is the abstract. The authors investigate the … Continue reading

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Posted in Academia, Employment Discrimination, Feminism and Economics, Feminism and Law, Feminism and the Workplace, Feminists in Academia, Women and Economics | 1 Comment

Are the Media’s Representations of Supreme Court Nominees Gendered?

Renee Newman Knake and Hannah Brenner, both of Michigan State University College of Law, have published Rethinking Gender Equality in the Legal Profession: What the Media’s Depiction of Supreme Court Nominees Reveals About the Pipeline to Power as an MSU Legal … Continue reading

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Posted in Feminism and Culture, Feminism and Law, Legal Profession, The Underrepresentation of Women | 1 Comment

What’s Wrong With “Women’s Rights,” and Why the US Should Ratify CEDAW Anyway

The Senate Judiciary Committee recently debated whether the United States should ratify CEDAW, the Convention on the Elimination of All Forms of Discrimination against Women. CEDAW guarantees a wide range of equal rights to women in areas such as employment, … Continue reading

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Posted in Feminism and Law, Feminism and Politics, Sisters In Other Nations | 1 Comment

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

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Posted in Academia, Courts and the Judiciary, Feminism and Law, Reproductive Rights, Women's Health | Comments Off

Senate Hearings on CEDAW

Earlier this week, the  Senate Committee on the Judiciary, Subcommittee on Human Rights and the Law held a “Hearing on the Convention on the Elimination of All Forms of Discrimination Against Women.”  The UN Department of Economic and Social Affairs, … Continue reading

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Posted in Feminism and Law, If you're a woman, Sisters In Other Nations | 2 Comments

CFP: “Uniform Probate Code: Remaking American Succession Law”

From the FLP mailbox: Call for Papers The Uniform Probate Code: Remaking of American Succession Law October 21, 2011 The American College of Trust and Estate Counsel’s Legal Education Committee is organizing the fourth in a series of academic symposia … Continue reading

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Posted in Call for Papers or Participation, Feminism and Families, Feminism and Law, Women and Economics | 1 Comment

Heminway on “Martha Stewart and the Forbidden Fruit”

Joan MacLeod Heminway (Tennessee) has posted to SSRN her 2009 article, Martha Stewart and the Forbidden  Fruit: A New Story of Eve, 2009 Mich. State Law Rev. 1017.  Here is the abstract: This paper narrates a biblical story – Eve’s ingestion … Continue reading

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Live Blogging “After Gender? Examining International Justice Enterprises”

I’m attending the Pace Law Review Symposium “After Gender? Examining International Justice Enterprises.”  The symposium’s goal is “to expand our understanding of the role of gender in international law.” So far, there have been opening remarks by conference organizers Matthew … Continue reading

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Posted in Feminism and Law, Feminist Legal Scholarship, Law Schools, LGBT Rights, Upcoming Conferences, Women and Economics | 1 Comment

“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

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Posted in Courts and the Judiciary, Feminism and Law | 2 Comments

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

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Posted in Courts and the Judiciary, Feminism and Families, Feminism and Law, Immigration | 3 Comments

Arundhati Roy, “Pity the nation that has to silence its writers for speaking their minds.”

The Hindu, a daily paper in India, reports here that a crowd of up to 100 people assembled outside the home of writer Arundhati Roy, shouted anti-Roy slogans and attempted to break into her home.  The incident is reported to … Continue reading

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Posted in Acts of Violence, Feminism and Law, Sisters In Other Nations, Socioeconomic Class | 2 Comments

Human Rights Efforts in Australia: Spotlight on the Castan Centre at Monash University

The Castan Centre for Human Rights Law at Monash University in Australia is “a non-profit, non-partisan centre focusing on the study of human rights law globally, regionally and in Australia” (see program website here).  Today the Melbourne paper The Age ran … Continue reading

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Posted in Academia, Feminism and Law, Sisters In Other Nations | 1 Comment

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

If Rosa Parks Got a Manicure

Jimmy A. Bell, a Bowie (Maryland) lawyer (pictured at right), has sued a Maryland nail salon for charging him $2 more for a manicure/pedicure than his female companion was charged.  He alleges “gender-based price discrimination.”  A copy of Mr. Bell’s … Continue reading

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Eliminate Affluent Husband Care

The controversy over law professor Todd Henderson’s “We are the Super Rich” blog entry, posted and then withdrawn from Truth on the Market (Sept. 15, 2010) seems to have missed an underlying feminist tax policy issue. Henderson argues against President … Continue reading

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Posted in Feminism and Economics, Feminism and Families, Feminism and Law | 2 Comments

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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A Banner Year for Gay Rights Litigation

Although not necessarily the issues that most impact the day-to-day lives of LGBT people in this country, marriage and military service have been at the forefront of the gay rights movement in recent years. Efforts to reverse discriminatory policies in … Continue reading

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