Category Archives: Feminism and Law

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The controversy over law professor Todd Henderson’s “We are the Super Rich” blog entry, posted and then withdrawn from Truth on the Market (Sept. 15, 2010) seems to have missed an underlying feminist tax policy issue.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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Posted in Academia, Feminism and Law, Feminist Legal History | Comments Off

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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Posted in Feminism and Law, LGBT Rights | Comments Off

Kristof, “Don’t Write Off Men Just Yet”

Earlier this summer, author Nicholas Kristof responded powerfully to the Atlantic’s cover story, “The End of Men.”  In this July 2010 column for the NYT, Kristof wrote: [C]ount me a skeptic. My hunch is that we’re moving into greater gender … Continue reading

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Posted in Feminism and Law | 1 Comment

Will the Prop 8 Case Be Moot Before It Gets to the Supreme Court?

Following last week’s decision finding that California’s Prop 8 was unconstitutional, much of the talk centered around what the Supreme Court would do when presented with the question whether a ban on same-sex marriage was constitutional. The thinking is that … Continue reading

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DOMA Section Three Held Unconstitutional

In two companion cases – – – one filed by individual plaintiffs married in Massachusetts alleging a violation of equal protection and one filed by the Commonwealth of Massachusetts alleging Spending Clause and Tenth Amendment issues – – – federal … Continue reading

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Overview of Lisa Pruitt’s Recent Work on Geography, Poverty and Equality

Professor Lisa R. Pruitt (UC Davis) has published two articles that study poverty and its consequences in relation to place. In particular, she brings together the socio-geographic concept of spatial inequality (adding "where?" to the core sociological inquiry "who gets … Continue reading

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Posted in Feminism and Economics, Feminism and Law, Feminism and the Environment, Feminist Legal Scholarship | Comments Off

SCOTUS rules in U.S. v. Stevens that law banning “crush porn” is unconstitutional infringement on free speech.

From the NYT: The Supreme Court, with only one dissenting vote, on Tuesday struck down a federal ban on videos that show graphic violence against animals. The ruling cheered free speech advocates, but it raised concerns that more animals will … Continue reading

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

The Regulation of Naming

Yofi Tirosh, Faculty of Law, Tel Aviv University, has published A Name of One’s Own: Gender and Symbolic Legal Personhood in the European Court of Human Rights, in volume 33 of the Harvard Journal of Law and Gender (2010). Here … Continue reading

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Posted in Academia, Feminism and Culture, Feminism and Families, Feminism and Law, Feminist Legal History | Comments Off

Gender Frustrations

So I have taken a week to think about how to blog about a session that I saw last weekend at the ABA Conference.   The session was about using movies to demonstrate gender differences in negotiation  and I went … Continue reading

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

An all women Supreme Court?

It’s not impossible.   The Texas Supreme Court is a testament to the possibility.   It happened eighty-five years ago,   if only for a single case. In 1925, the Texas Governor appointed three women to fill all the positions … Continue reading

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Posted in Courts and the Judiciary, Feminism and Law, Feminist Legal History, If you're a woman, Legal Profession, The Underrepresentation of Women | 2 Comments

Hide That Tramp Stamp!

A friend recently told me about a panel at her law school, where judges admonished young female attorneys about wearing inappropriate clothing and groused about attorneys who let their “tramp stamps” show.  The judges were women, by the way…I thought … Continue reading

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Posted in Feminism and Law, Legal Profession | 1 Comment

“Maryland’s roadblock to helping victims of abuse”

WaPo article by Eileen King: The Maryland House Judiciary Committee has a reputation for being not only a place where good bills go to die but also where witnesses can expect little sympathy for having suffered from violent or sexual … Continue reading

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Naomi Cahn and June Carbone, “Blue Biology: Women, Economics, and Family Values”

Full text at the HuffPo, excerpt below: … The economy and biology are on a collision course. The latest news confirms what many women fear — wait too long and your eggs are gone. The scientific findings aren’t quite that … Continue reading

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Posted in Feminism and Families, Feminism and Law, Reproductive Rights | Comments Off

High divorce rates and teen pregnancy are worse in conservative states than liberal states, but moral panic won’t help lower divorce rates and teen pregnancy in conservative states; education will.

Read a recent op-ed by this title written by Feminist Law Profs Extraordinare Naomi Cahn and June Carbone here! –Ann Bartow

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Coyote Publishing v. Ross Miller: 9th Circuit Upholds Restrictions on Ads for Prostitution

The opinion is available here. The ads at issue were characterized as “pure commercial speech.” Below are two excerpts in which the court explains the ways that legalized prostitution drives the demand for sex slaves and sex trafficking: The federal … Continue reading

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Posted in Coerced Sex, Courts and the Judiciary, Feminism and Law, Human Trafficking | Comments Off

Importance of Honesty in Donor-Conceived Families

At the Denver Motherhood conference, I’m listening now to a talk by Wendy Kramer, co-founder and Director of the Donor Sibling Registry.  Here’s an excerpt from the organization’s “About Us” statement: The Donor Sibling Registry (DSR) was founded in 2000 … Continue reading

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U Denver Conference “Motherhood: Reclaiming Our Past, Transforming Our Future”

The conference “Motherhood: Reclaiming Our Past, Transforming Our Future” has just gotten under way at University of Denver Sturm College of Law. Dean Martin Katz (Denver) gave a blissfully short welcome, followed by Professor Judy Walsh (University of Dublin School … Continue reading

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Posted in Feminism and Families, Feminism and Law | Comments Off

Vulnerability, Resilience, and the State: A Feminism and Legal Theory Project Workshop:March 19 – 20, 2010 at Emory

Vulnerability, Resilience, and the State A Feminism and Legal Theory Project Workshop:March 19 – 20, 2010 575 Gambrell Hall Emory University School of Law 1301 Clifton Road, Atlanta GA 30322 Friday, March 19, 2010 4:00 pm – 6:30 pm – … Continue reading

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Posted in Academia, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia | Comments Off

Rigel Christine Oliveri, “Discriminatory Housing Advertisements On-Line: Lessons from Craigslist”

The Abstract: The Fair Housing Act makes it illegal to publish discriminatory housing advertisements. This has long been applied to newspapers, which have effectively screened all discriminatory housing ads from sight. However, in 1996 Congress created a loophole when it … Continue reading

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Posted in Feminism and Law, Feminist Legal Scholarship | Comments Off

Nobel Women’s Initiative – Video Stream: International Tribunal on Crimes Against Women of Burma

HERE! More information here. “The Tribunal is a women-directed and women-centered justice and advocacy initiative. Judges will hear testimony from several women of Burma who will share their personal stories of surviving human rights violations and crimes under miliatry rule … Continue reading

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Posted in Acts of Violence, Feminism and Law, Feminism and Politics, Sisters In Other Nations | Comments Off

“TIME CHANGE–In Our Own Backyard: Child Prostitution and Sex Trafficking in the United States”

Hearing before the Senate Judiciary Committee Subcommittee on Human Rights and the Law which took place yesterday (Wednesday, February 24, 2010) View webcast here! Panel I The Honorable Ron Wyden United States Senator for the State of Oregon Panel II … Continue reading

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Posted in Coerced Sex, Feminism and Law, Feminism and Politics, The Overrepresentation of Women | Comments Off

Meredith Render, “Gender Rules”

Abstract: Sex-stereotypes are of perennial concern within antidiscrimination law and theory, yet there is widespread disagreement about what constitutes a”sex-stereotype.”This article enters the debate surrounding the correct understanding of”stereotype”and posits that the concept is too thin to serve as a … Continue reading

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Posted in Employment Discrimination, Feminism and Law, Feminist Legal Scholarship | Comments Off

Words Hurt: Garfield on Intentional Infliction of Emotional Distress

Leslie Yalof Garfield (Pace) previously blogged here about France’s consideration of a criminal ban on psychological or verbal abuse of a spouse or live-in partner.  See related news items here (BBC), here (Time Magazine) and here (NPR). Professor Garfield has … Continue reading

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“The Power of Women’s Stories” Conference at Santa Clara

From the FLP mailbox, this notice of an upcoming conference at Santa Clara: The Power of Women’s Stories II: Examining  Women’s Role in Law and the Legal System Friday, April 16, 2010 8:30 a.m. – 5 p.m. 142 Bannan Hall … Continue reading

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Posted in Feminism and Law, Upcoming Conferences | Comments Off

Rebecca J. Cook and Simone Cusack, “Gender Stereotyping: Transnational Legal Perspectives”

From the publisher’s website: While both lawyers and psychologists have been aware of the role of stereotypes in discrimination, there is little literature addressing the legal status of stereotypes as gender discrimination. Gender Stereotyping makes a substantial contribution to the … Continue reading

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Posted in Feminism and Law, Feminism and Politics, Recommended Books, Sisters In Other Nations | Comments Off

“And after Wellons was convicted and sentenced to die, jurors presented the female judge with a gift of “chocolate shaped as male genitalia,” as the Supreme Court recounted it. If that were not enough, they gave the bailiff a chocolate gift “shaped as female breasts.””

Today in SCOTUS Death Penalty jurisprudence: The Supreme Court concluded that a chocolate penis given by the jurors to the judge “raised serious questions concerning the conduct of the trial.” Ya think? See the Supreme Court ruling granting cert. See … Continue reading

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

Decentralizing Family

Given the ongoing Prop. 8 trial and the debate over same-sex marriage, I thought it would be timely to draw your attention to a paper that I posted on SSRN last fall. The paper is titled “Decentralizing Family: An Inclusive … Continue reading

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Posted in Academia, Feminism and Families, Feminism and Law, LGBT Rights | 1 Comment

It’s Never Too Early for Gender Stereotyping

Via Alternet – 4-Year-Old Boy Suspended From School for Months Because His Hair Is ‘Too Long’.   This is a public school holding a four-year old boy to a different standard than girls for hair length.   The Fourteenth Amendment … Continue reading

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Today is National Human Trafficking Awareness Day

From here: According to the U.S. Department of State’s Trafficking in Persons Report, some 800,000 persons are victims of trafficking each year, seven times more than in 1960. The victims are mostly woman and children who are often used as … Continue reading

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Posted in Acts of Violence, Coerced Sex, Feminism and Law, The Overrepresentation of Women | Comments Off

Where are the women? There isn’t a single women law prof, jurist or practitioner among the participants in the Wake Forest Law Review’s 2009 Torts Symposium

44 WAKE FOREST LAW REVIEW, NO. 4, WINTER, 2009. Third Restatement of Torts: Issue One. 44 Wake Forest L. Rev. 877-1107 (2009). Cardi, W. Jonathan. A pluralistic analysis of the therapist/physician duty to warn third parties. 44 Wake Forest L. … Continue reading

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Posted in Academia, Feminism and Law, The Overrepresentation of Men, The Underrepresentation of Women, Where are the Women? | 3 Comments

“Men who buy sex: Who they buy and what they know”

“Men who buy sex: Who they buy and what they know,” is a research study of 103 men who describe their use of trafficked and non-trafficked women in prostitution, and their awareness of coercion and violence, prepared by Melissa Farley, … Continue reading

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Posted in Acts of Violence, Coerced Sex, Feminism and Law, The Overrepresentation of Women, Women's Health | 4 Comments

Where are the Women? Not Too Many in the October, November or December Issues of the Columbia Law Review. Eighteen of Twenty-One Published Authors are Male. Only One Author is a Woman Law Prof.

October: In memoriam–Louis Lowenstein. Tributes by Harvey J. Goldschmid, Kenneth P. Kopelman, Arthur W. Murphy, William Savitt and David M. Schizer. 109 Colum. L. Rev. 1263-1277 (2009). Miller, Darrell A.H. Guns as smut: defending the home-bound Second Amendment. 109 Colum. … Continue reading

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Posted in Academia, Feminism and Law, The Overrepresentation of Men, The Underrepresentation of Women | 2 Comments

Guest Post by Gloria Feldt: Not Under the Bus

“If we’re going to be thrown under the bus, let’s not be ladylike about it. Kick and scream and make your voice heard.” :Linda Lowen,  About.com/womensissues I couldn’t agree more with Linda. That’s why I’ve dropped everything else and am … Continue reading

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Posted in Feminism and Law, Feminism and Politics, Reproductive Rights, Women's Health | 3 Comments

New Report About Sexual Trafficking of American Indian Women and Girls in Minnesota

From here. Via. … Despite Minnesota’s significant efforts to identify sex trafficking victims and meet their needs, to our knowledge there had never been any sort of summary report produced in either Minnesota or the U.S. regarding the commercial sexual … Continue reading

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Posted in Acts of Violence, Coerced Sex, Feminism and Law | 1 Comment

On Domestic Violence

There is a very powerful, though difficult to read, post here, which frames this documentary. –Ann Bartow

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Posted in Acts of Violence, Feminism and Law | 3 Comments

E-Marriage Update

NPR’s December 14th Morning Edition featured Michigan State University College of Law profs Adam Candeub and Mae Kuykendall and their proposal for”e-marriage,”through which same-sex couples could obtain marriage licenses from states in which such unions are legal, and then have … Continue reading

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Call for a “New Deal” Feminism Focused on Economics and the Workplace

In the weekend’s Washington Post, Professor Dorothy Sue Cobble (History and Labor Studies, Rutgers) writes, “It’s Time for a New Deal Feminism.” The American workplace is transforming, but women’s lives aren’t necessarily improving. * * * The answer is not … Continue reading

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Posted in Feminism and Economics, Feminism and Law, Feminism and the Workplace | Comments Off

On Virginity and Hymens

From this website: Time for more accurate terminology: Hymen renamed”vaginal corona” The mythical status of the hymen has caused far too much harm for far too long. Last spring, RFSU published an information booklet in Swedish intended to dispel some … Continue reading

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Posted in Feminism and Law, Feminism and Medicine, Feminism and Politics, Feminists in Academia, If you're a woman, Sociolinguistics | 2 Comments

“It’s very reminiscent where we were 30 years ago on the domestic violence stuff …. People just don’t get it yet.”So spoke a District Attorney, commenting on the lack of sex trafficking prosecutions in NY.

From this NYT article: Despite a highly trumpeted New York State law in 2007 that enacted tough penalties for sex or labor trafficking, very few people have been prosecuted since it went into effect, according to state statistics. In New … Continue reading

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Posted in Coerced Sex, Feminism and Law, Women's Health | 2 Comments

You didn’t really think that Democratic control of both the Presidency and Congress would preserve abortion rights, did you?

It’s the No Abortion Ban National Day of Action, or as Violet says  “Stop Stupak!”: Center for Reproductive Rights: No Abortion Ban – National Day of Action NOW: Stop Stupak! Stop Stupak Coalition: DC Lobby Day and National Week of … Continue reading

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The 64 Democrats on the Wrong Side of Stupak-Pitts

The Democrats who voted “Aye” on the Stupak-Pitts Amendment: AL-2 Bright, Bobby; AL- 5 Griffith, Parker; AL-7 Davis, Artur; AR-1 Berry, Robert; AR-2 Snyder, Victor; AR-4 AR-4 Ross, Mike; CA-18 Cardoza, Dennis; CA-20 Costa, Jim; CA-43 Baca, Joe; CO-3 Salazar, … Continue reading

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On Forging Sustainable Parental Bonds.

Last Sunday’s New York Times Magazine cover story, Who Knew I was Not the Father?, discusses the complexities of identifying which men to label as”fathers.” The article told the heartbreaking stories of men who believed that they were the biological … Continue reading

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Posted in Feminism and Families, Feminism and Law, Feminism and Technology, Feminist Legal Scholarship | 2 Comments

“Criminologist helped get sex slave out of prison”

From this article: … [Maria] Suarez’s horrifying experience : imprisoned from the age of 16 for five years in the home of a 67-year-old Azusa man who repeatedly raped her : reveals how she slipped through several cracks. It also … Continue reading

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

When the System Separates Immigrant Women from their Children

What if I told you that you could permanently lose custody of your child because you are undocumented?  Or because you do not understand English?  Or because you are unable to communicate with the child welfare system and family court … Continue reading

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Posted in Feminism and Law, Immigration | Comments Off

Where are the Women? – Electronic Frontier Foundation (EFF) Advisory Board Edition: 19 men, 2 women.

UPDATE: All of the EFF Fellows appear to be … fellows. EFF Advisory Board members as of today per EFF website: Andrew Bridges is a partner in the San Francisco office of Winston & Strawn LLP where he litigates and … Continue reading

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