Category Archives: Feminism and Law

Sex-Positive Law

Sexual pleasure is a good thing. It’s not just moral philosophy that supports the value of pleasure (although much of it does); it’s common sense. We value pleasure simply because it is pleasurable. People devote significant time and money to … Continue reading

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Another Thoughtful Take on “Leaning In,” This One By bell hooks, and Called “Dig Deep: Beyond Lean In”

Read it here at The Feminist Wire. Below is an excerpt: Sandberg’s definition of feminism begins and ends with the notion that it’s all about gender equality within the existing social system. From this perspective, the structures of imperialist white … Continue reading

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Read Susan Faludi on “Facebook Feminism”

Unlike so many trite reviews of the “Lean In” phenomenon, Faludi brilliantly contextualizes her critique. Available at The Baffler, excerpt below: … In 1834, America’s first industrial wage earners, the “mill girls” of Lowell, Massachusetts, embarked on their own campaign … Continue reading

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Posted in Employment Discrimination, Feminism and Culture, Feminism and Economics, Feminism and Law, Feminism and Technology | Comments Off on Read Susan Faludi on “Facebook Feminism”

Family Status, Federalism, and the Windsor Decision

Courtney G. Joslin, University of California, Davis, School of Law, has published Windsor, Federalism, and Family Equality at 113 of Columbia Law Review Sidebar 156 2013). Here is the abstract. In a 5-4 decision authored by Justice Kennedy, the Court held … Continue reading

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Where The Girls Aren’t

Ryan A. Malphurs, Courtroom Sciences Inc., Jaime Bochantin, DePaul University, L. Hailey Drescher, University of Kansas, and Melissa Wallace Framer, Arizona State University, Hugh Downs School of Human Communication, have published Too Much Frivolity, Not Enough Femininity: A Study of Gender … Continue reading

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Converge! Re-Imagining the Movement to End Gender Violence

CALL FOR PAPERS AND PRESENTATIONS – SUBMIT YOUR PROPOSAL TO converge@law.miami.edu DUE DATE: Friday, October 18, 2013 (may be extended) For more conference information see http://www.law.miami.edu/academics/converge/ CONVERGE! Re-imagining the Movement to End Gender Violence, will bring together survivors, activists, and … Continue reading

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Posted in Academia, Activism, Acts of Violence, Call for Papers or Participation, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and Economics, Feminism and Families, Feminism and Law, Feminism and Politics, Feminist Legal Scholarship, Feminists in Academia, Human Trafficking, Immigration, Legal Profession, LGBT Rights, Masculinity, Reproductive Rights, Sex Trafficking, Sexual Harassment, Socioeconomic Class, Upcoming Conferences | Comments Off on Converge! Re-Imagining the Movement to End Gender Violence

Robson on “Dressing Constitutionally”

Ruthann Robson (CUNY) has posted to SSRN the Introduction and Table of Contents of her new book Dressing Constitutionally: Hierarchy, Sexuality, and Democracy from Our Hairstyles to Our Shoes.  Here is the abstract: The intertwining of our clothes and our … Continue reading

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Posted in Feminism and Law, Recommended Books | 1 Comment

Women in the Texas Legislature: Lessons in Individual Actions that Serve to Empower Movements

Thank you to Senator Wendy R. Davis and to Senator Leticia Van de Putte for, among other things, standing up for equality.  It may have only been a battle and not a war, but Senator Davis’ filibuster of the Texas … Continue reading

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Posted in Academia, Activism, Employment Discrimination, Feminism and Culture, Feminism and Families, Feminism and Law, Feminism and Politics, Feminism and the Workplace, If you're a woman, Justice?, Reproductive Rights | Comments Off on Women in the Texas Legislature: Lessons in Individual Actions that Serve to Empower Movements

Thank You, Edie Windsor!

Let freedom ring. -Bridget Crawford

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Posted in Feminism and Law | Comments Off on Thank You, Edie Windsor!

A feminist perspective on Agency for International Development v. Alliance for Open Society International, Inc.: Essentialism v. Pragmatism

Last week the Supreme Court held that the federal government cannot force organizations to maintain a policy explicitly opposing prostitution as a pre-condition to obtaining funds to combat HIV/AIDS worldwide.  The decision is widely read as a victory for freedom … Continue reading

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Posted in Academia, Feminism and Law, Human Trafficking, Prostitution, Sex Trafficking | 7 Comments

Spindelman’s Review of Dale Carpenter’s “Flagrant Conduct: The Story of Lawrence v. Texas”

Marc Spindelman (OSU) has published Tyrone Garner’s Lawrence v. Texas at 111 Mich. L. Rev. 1111 (2013).  Here is the abstract: Dale Carpenter’s Flagrant Conduct: The Story of Lawrence v. Texas has been roundly greeted with well-earned praise. After exploring … Continue reading

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Defining Pregnancy In Law

Khiara M. Bridges, Boston University School of Law, has published When Pregnancy Is an Injury: Rape, Law  and Culture, at 65 Stanford Law Review 457 (2013). Here is the abstract.        This Article examines criminal statutes that grade more … Continue reading

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Marc Stein’s “Sexual Injustice” Available in Paperback

Marc Stein’s Sexual Injustice: Supreme Court Decisions From Griswold To Roe is now available in paperback from the University of North Carolina Press. The publisher gives the following infor for professors interested in course adoption: To order a print exam copy, … Continue reading

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Gilman on “The Class Differential in Privacy Law” and “The Poverty Defense”

Michele Gilman (Baltimore) has posted two articles to SSRN.  The Class Differential in Privacy Law, 77 Brooklyn L. Rev. 1389 (2012) This article analyzes how privacy law fails the poor. Due to advanced technologies, all Americans are facing corporate and … Continue reading

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Bernette Johnson Becomes Louisiana’s First African American Supreme Court Chief Justice

Bernette Johnson has been sworn in as Louisiana’s first African American Supreme Court Chief Justice, succeeding Catherine (Kitty) Kimball. Chief Justice Johnson filed a federal lawsuit last year after Justice Jeffrey Victory claimed that he had more seniority than she … Continue reading

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“Why it is important to integrate human rights into international policy-making”

From Equality Now: The Liberian President, Ellen Johnson Sirleaf, has just returned from a business trip to Britain, where she met President Susilo Bambang Yudhoyono of Indonesia and UK Prime Minister David Cameron.  In Liberia, more than 58% of women … Continue reading

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You won’t see Glamour linked to on this blog very often…

But this short feature about Justice Ruth Bader Ginsburg is very nice.

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Report from Social Justice Feminism Conference

I just attended the Social Justice Feminism conference sponsored by the Center for Race, Gender and Social Justice at the University of Cincinnati College of Law and inspired by Verna Williams’s and Kristen Kalsem’s Social Justice Feminism, which appeared in … Continue reading

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“Polanski’s victim is not a “sex scandal teen””

That is the title of this awesome post at Salon. Below is an excerpt: Samantha Geimer was 13 years old when she had her fateful encounter with Polanski in 1977. The California age of consent at the time was 16. … Continue reading

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“Despite a cease-and-desist letter, Shautsova surmised that Primal Ventures, the host of escortsexguide.com, would not delete the [false] profile because it makes money whenever someone clicks on it.”

That is a sentence pulled from this article, which tells yet another story of someone using the internet to inflict misery on a former romantic partner.

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Posted in Feminism and Law, Invasion of Privacy, Prostitution, Sex and Sexuality | Comments Off on “Despite a cease-and-desist letter, Shautsova surmised that Primal Ventures, the host of escortsexguide.com, would not delete the [false] profile because it makes money whenever someone clicks on it.”

Breastfeeding and the Law

According to the NCSL: Forty-five states, the District of Columbia and the Virgin Islands have laws that specifically allow women to breastfeed in any public or private location. (Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, … Continue reading

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The Price of Sex: Film-maker risks life by going undercover to expose global trade in sex slaves

The official website for The Price of Sex is here. It provides this summary: The Price of Sex is a feature-length documentary about young Eastern European women who’ve been drawn into a netherworld of sex trafficking and abuse. Intimate, harrowing … Continue reading

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Posted in Coerced Sex, Feminism and Law, Human Trafficking, Prostitution, Sisters In Other Nations | Comments Off on The Price of Sex: Film-maker risks life by going undercover to expose global trade in sex slaves

The ILS Law College, Pune, India is pleased to host the inaugural International Conference on Feminism and the Law: Revisiting the Past, Rethinking the Present and Thinking the Way Forward from February 10-12, 2012.

Details here!

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Posted in Call for Papers or Participation, Feminism and Law, Sisters In Other Nations | Comments Off on The ILS Law College, Pune, India is pleased to host the inaugural International Conference on Feminism and the Law: Revisiting the Past, Rethinking the Present and Thinking the Way Forward from February 10-12, 2012.

‎”A large proportion of the other advanced democracies in the world combine a commitment to free speech with rules prohibiting hate speech. Isn’t it worth considering how they do this? And why? No one is burning the constitution here. We’re just trying to think about it.”

From this NYT piece by Jeremy Waldron. Here is an excerpt: Democracies like Britain, France, Germany, Denmark, Canada and New Zealand all prohibit hate speech of various kinds. They do so for what they think are good reasons. It is … Continue reading

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

Abortion remains legal in Idaho, but there are still uncertainties.

An Idaho law against using medication to induce abortion was deemed “likely unconstitutional” but remains in effect per the HuffPo. A more detailed if somewhat confusing account of developments is available here. Updates to follow.

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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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