Category Archives: Feminism and Law
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Vulnerability, Resilience, and the State: A Feminism and Legal Theory Project Workshop:March 19 â€“ 20, 2010 at Emory
Vulnerability, Resilience, and the State A Feminism and Legal Theory Project Workshop:March 19 â€“ 20, 2010 575 Gambrell Hall Emory University School of Law 1301 Clifton Road, Atlanta GA 30322 Friday, March 19, 2010 4:00 pm â€“ 6:30 pm â€“ … Continue reading
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
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
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
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
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
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
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
“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
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
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
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
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
“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
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
“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
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
There is a very powerful, though difficult to read, post here, which frames this documentary. –Ann Bartow
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
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
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
â€œIt’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
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
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
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
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
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
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
Jennifer M. Keighley, “Health Care Reform and Reproductive Rights: Sex Equality Arguments for Abortion Coverage in a National Plan”
Abstract: The national health insurance reform effort threatens to reduce the number of women who have health insurance coverage for abortions. Instead of evaluating whether the Supreme Court would invalidate restrictions on coverage, I employ a model of legislative constitutionalism … Continue reading
From the Harvard Law Record: When Catharine MacKinnon said goodbye to us at the end of her Sex Equality class on Wednesday October 28, she choked up, and we all choked up with her. The emotion was evident in her … Continue reading
From this site: Fall 2009 Colloquia Constitutional Theory Colloquium Professors David Golove and Richard Pildes Hauser Colloquium: Interdisciplinary Approaches to International Law Professor Ryan Goodman Colloquium in Legal, Political and Social Philosophy Professors Ronald Dworkin and Thomas Nagel Colloquium … Continue reading
From House debate about the Stupak Amendment: Via.
The 15 year girl gets blamed for drinking alcohol, which somehow caused the boys to lock her in a bathroom and rape her, according to the judge. The boys are even permitted to return to their high school. According to … Continue reading
From this article: …The tape shows Stoddard walking to the defense table during a sentencing that day. He leans over the table and begins reading from a document in the file of defense attorney Joanne Cuccia, who was speaking before … Continue reading
Webinar on Teaching Reproductive Rights â€“ “What is the Role for Transnational Law?” on Friday, November 13th, from 3 – 4pm (Eastern).
The webinar will focus on an important new article by Professor Martha Davis of Northeastern -”Reproductive Rights in the Legal Academy: A New Role for Transnational Law,”which was published in the American Journal of Legal Education in September. The … Continue reading