Category Archives: Feminism and Law

Judge Tells Sexual Assault Victim, “Bad Things Can Happen In Bars.” Bad Things Can Happen in Courtrooms, Too…

This is fairly dispiriting: After being convicted by a jury earlier this summer of sexual abuse for groping a woman in a bar, ex-DPS Officer Robb Gary Evans walked out of a Coconino County (AZ) Superior Courtroom on Wednesday morning … Continue reading

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Corcos on “The Shift to Equal Rights of Succession to Thrones and Titles in the Modern European Constitutional Monarchy”

Christine Corcos (LSU) has posted to SSRN an abstract of her article forthcoming in the Michigan State Law Review.  Here it is: On October 27, 2011, the heads of the British Commonwealth member states agreed to remove barriers to the … Continue reading

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Daniel Tosh and Rape Jokes

Daniel Tosh’s assertion during a recent appearance at the Laugh Factory that rape jokes are “always funny” has caused a certain amount of comment and controversy, particularly since a woman in the audience challenged him on his opinion. She responded … Continue reading

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SDNY Declares DOMA Unconstitutional in Estate Tax Case

Last month the United States District Court for the Southern District of New York  ruled in Windsor v. United States that DOMA is unconstitutional as applied. Read the full decision here. Edie Windsor and Thea Spyer were married in Canada … Continue reading

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Women and Inheritance Rights

Shelly Kreiczer-Levy, Academic Center of Law and Business, and Meital Pinto, Carmel Academic Center, Law School, University of Toronto, have published Property and Belongingness: Rethinking Gender-Biased Disinheritance, in volume 21 of the Texas Journal of Women and the Law (2012). … Continue reading

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Elizabeth Cady Stanton and Gender

Tracy A. Thomas, University of Akron School of Law, has published Elizabeth Cady Stanton and the Notion of a Legal Class of Gender, in Feminist Legal History: Essays on Women and Law (T. Thomas and T. Boisseau, eds.; NYU Press). Here is … Continue reading

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“A Civil Remedy” by Kate Nace Day

Suffolk University Law Professor Kate Nace Day‘s documentary film A Civil Remedy will be shown on Saturday, April 26, 2012 at the Brattle Theater in Harvard Square.  If you’re in the Boston area or planning to be there, the screening … Continue reading

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Marc Spindelman, “Gay Men and Sex Equality”

Marc Spindelman (Ohio State) has published Gay Men and Sex Equality, 46 Tulsa L. Rev. 123 (2010).  Here is an excerpt from the introduction: As easy as it may be to apprehend why straight men have not endorsed sex equality … Continue reading

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Involving Men in the Conversation

At the MSU Law Symposium on “Gender and the Legal Profession’s Pipeline to Power,” more than one speaker has commented on how “great” it is to see so many men in the audience.  I’m eyeballing the room, and I’d say … Continue reading

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Judge Nancy Gertner on “How the Courts Have Repealed the Civil Rights Act”

The Honorable Nancy Gertner (U.S. District Court of Massachusetts, retired) is delivering the luncheon address at the MSU Symposium on “Gender and the Legal Profession.” Here are a few of her highlights from her talk: Judge Gertner explains that the … Continue reading

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Why NZ Director’s Reference to the “Oprahfication” of the Courtroom was Really a Jab at the “Pussification” of the Courtroom

I’m not a huge fan of victim impact statements. These statements typically used to consist of family members taking the witness stand during the sentencing phase of a murder trial and explaining the character of the victim and what his … Continue reading

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Posted in Feminism and Law, Sexism in the Media | 1 Comment

Review of “The Measure of Injury: Race, Gender, and Tort Law”

Anne Bloom (McGeorge) and Julie Davies (McGeorge) have published their review of Martha Chamallas & Jennifer Wriggins, The Measure of Injury: Race, Gender, and Tort Law (NYU Press, 2010).  The review appears at 61 J. Legal Ed. 495 (2012).  Here … Continue reading

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Women in the Media as in Society?

Despite the backlash following his “slut” and “prostitute” references about Georgetown law student Sandra Fluke, Rush Limbaugh continues to denigrate women.  More recently, he targeted Tracie McMillan, journalist and author of the book, The American Way of Eating, and stated, … Continue reading

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Posted in Academia, Activism, Feminism and Culture, Feminism and Law, Feminism and Politics, Feminism and the Workplace, Feminists in Academia, If you're a woman, Justice?, Law Schools, Law Teaching, Legal Profession, Masculinity, Race and Racism, Sexism in the Media, Where are the Women? | Comments Off on Women in the Media as in Society?

Rush Finally Apologizes (Sort Of)

Rush Limbaugh has apologized (in his way) for comments about Georgetown Law student Sandra Fluke (whom he called Susan and identified as a college coed). Here is his statement, posted to his show’s website. Ms. Fluke recently testified as at … Continue reading

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A Different Take on VAWA Reauthorization

Republican recalcitrance around the reauthorization of the Violence Against Women Act has been in the news for the last few days. Unwilling to endorse provisions that would guarantee services to lesbian, gay, bisexual and transgender people subjected to abuse and … Continue reading

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Who’s Afraid of Cupcake Feminism?

image source www.cupcakedelights.com Over at the on-line music publication The Quietus, UK-based writer Meryl Trussler reacts to what she perceives as a “counter-campaign” to make feminism palatable to the mainstream media (at worst) or “cool again” (at best): This move is not deliberate … Continue reading

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Posted in Feminism and Culture, Feminism and Law | 1 Comment

More On the Harris Case

I recently received an email from Tim Casey of Legal Momentum regarding the Crystal Harris divorce case, about which I blogged recently. He enclosed a report prepared by the Certified Family Law Specialists Committee of the San Diego County Bar Association, … Continue reading

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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

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Posted in Acts of Violence, Courts and the Judiciary, Feminism and Culture, Feminism and Families, Feminism and Law, If you're a woman, Justice? | Comments Off on Judge Orders Woman To Pay Alimony, Legal Fees, To Ex-Spouse Convicting Of Attacking Her

Univ. of Michigan to Celebrate 40th Anniversary of Title IX

From the FLP mailbox, this notice of an upcoming conference at the University of Michigan, May 9-11, 2012: The new University of Michigan Sport, Health, and Activity Research and Policy (SHARP) Center for Women and Girls!  is hosting a national … Continue reading

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Posted in Feminism and Law, Feminism and Sports, The Underrepresentation of Women, Upcoming Conferences | Comments Off on Univ. of Michigan to Celebrate 40th Anniversary of Title IX

On female privilege

(Cross-posted at Concurring Opinions) You mention male privilege in a blog post, and it’s inevitable: Someone else (usually male) will start asking about female privilege. If men have privilege, don’t women have privilege too? And does that undercut the idea … Continue reading

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Posted in Feminism and Law | 5 Comments

Goodmark on “Legal System Fails Abused Women”

An op-ed by Leigh Goodmark (Baltimore) appears in today’s Baltimore Sun.  Here is an excerpt: After learning that Topeka, Kan., District Attorney Chad Taylor planned to stop prosecuting misdemeanor domestic violence cases in response to county budget cuts, the Topeka … Continue reading

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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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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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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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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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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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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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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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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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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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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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“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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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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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 on Latina Lawyers Before the Supreme Court

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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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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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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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