Category Archives: Feminism and Law

Female Supervisors Face Significant Sexual Harassment

From Paul Secunda at Workplace Prof Blog: “Probably not a big surprise to many readers out there that female supervisors are still harassed in large numbers, but the fact that this study show that they are harassed more than non-supervisor … Continue reading

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Blaming a Murder Victim

The Associated Press has recently made a lot of noise about “enforcing” its copyrights on the Internet. Conveniently enough, making bloggers afraid to copy portions of AP articles into posts allows the AP to evade criticism for its unbelievably bad … Continue reading

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

First names and judicial destiny for women, at least in South Carolina…

From the ABA Journal: Women lawyers with masculine-sounding first names have better odds of becoming a judge than their counterparts with feminine names, at least in South Carolina, according to a study by two economics researchers. The study finds that … Continue reading

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“A cyberbullying case in Saint Charles County, Missouri, will test a year-old state law on electronic harassment. The law makes it a felony for someone 21 years or older to communicate with someone 17 years or younger by phone or electronic means in order to recklessly frighten, intimidate, or cause emotional distress to that person.”

From CNET News: … Elizabeth Thrasher, 40, allegedly posted a photo and personal contact details of a teenage girl in the Casual Encounters section of Craigslist during the spring. The teen reportedly received phone calls, e-mails, and text messages from … Continue reading

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“The study found that women were far more likely to suffer minimum wage violations than men, with the highest prevalence among women who were illegal immigrants. Among American-born workers, African-Americans had a violation rate nearly triple that for whites.”

Those are two utterly unsurprising sentences from this depressing NYT article about how often low wage workers are cheated by their employers. –Ann Bartow

Posted in Feminism and Economics, Feminism and Law, Race and Racism, The Overrepresentation of Women, Women and Economics | Comments Off on “The study found that women were far more likely to suffer minimum wage violations than men, with the highest prevalence among women who were illegal immigrants. Among American-born workers, African-Americans had a violation rate nearly triple that for whites.”

The True Test of President Obama’s Commitment to Diversity on the Supreme Court

President Obama’s appointment of Justice Sonia Sotomayor to the Supreme Court this past summer was hailed as a landmark moment in Supreme Court history as Justice Sotomayor became the first Latina on the Court.   But looked at in a … Continue reading

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Why Gender Still Matters

Gender still matters, judging by events of recent months, such as President Obama establishing a White House Council on Women and Girls, to make sure that all federal agencies”take into account the particular needs and concerns of women and girls”and … Continue reading

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Did Texas execute an innocent man?

Read this chilling New Yorker article about Cameron Todd Willingham to understand why this is a very real possibility. I do have to quibble with the description by one expert of a very questionable theory about arson propounded by two … Continue reading

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Deborah L. Rhode, The Injustice of Appearance

INTRODUCTION “It hurts to be beautiful”is a cliché I grew up with.”It hurts not to be beautiful”is a truth I acquired on my own. But not until finishing the research that led to this Article did I begin to grasp … Continue reading

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Where Are the Women? Texas Twofer Edition

First up: 50 SOUTH TEXAS LAW REVIEW, NO. 4, SUMMER, 2009. Symposium: Law, Ethics, and the War on Terror. 50 S. Tex. L. Rev. 617- 974 (2009). [H][L][W] Hansen, Victor. Understanding the role of military lawyers in the war on … Continue reading

Posted in Academia, Feminism and Law, The Underrepresentation of Women | 1 Comment

The Margaret Sanger Papers Project

A lot gets written and said about Margaret Sanger. This NYU archive provides readers with access to her actual words. It also offers rebuttals to mischaracterizations of her views, and other information about Sanger and her work. –Ann Bartow

Posted in Feminism and Law, Feminist Legal History, Feminist Legal Scholarship, Reproductive Rights | 1 Comment

Dan Kahan, “Culture, Cognition, and Consent: Who Perceives What, and Why, in ‘Acquaintance Rape’ Cases” – A Request for Input

Prof. Dan Kahan has written a paper that reports the results of an experimental study of perceptions of consent and other facts in a hypothetical date rape case (patterned closely on Commonwealth v. Berkowitz [court stated that the legislature intended … Continue reading

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

Kate Harding on Cyberbullying

Via The Guardian. Here is the first paragraph: This week, a New York state supreme court judge ruled that Google (owners of Blogger.com) must turn over the electronic identity of an anonymous blogger who repeatedly attacked New York model Liskula … Continue reading

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

Has the Department of Education’s Office for Civil Rights put universities on notice that indifference to online harassment could result in liability under Title IX?

From the Title IX Blog: … The Department of Education addressed for the first time whether schools could violate Title IX by failing to respond appropriately to sexual harassment on-line, according to advocacy group Security On Campus. The agency was … Continue reading

Posted in Academia, Feminism and Law | 2 Comments

“What Were Laura Ling and Euna Lee Looking For in North Korea?”

Ji-Yeon Yuh poses this question in this post at the Women’s Media Center. Here is an excerpt: … Proportionally, the trafficking of North Korean women into China is a small part of an enormous worldwide criminal enterprise … However, of … Continue reading

Posted in Coerced Sex, Feminism and Law, Sisters In Other Nations | 2 Comments

The Portia Hypothesis for South Carolina Judges

Two Clemson economists have a new paper in the American Law and Economics Review (available here on Westlaw – sorry, I can’t find a free link to it) titled:   Do Masculine Names Help Female Lawyers Become Judges?   Evidence … Continue reading

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New Law in Afghanistan Allows Men to Deny Food to Wives Who Refuse Sex–oh, and there’s good news in rape law as well

1, 2, 3, what are we fighting for? (Thanks to Country Joe and the Fish).  Apparently, for the rights of Afghan men to deny their wives food and sustenance if they refuse to fulfill their husbands’ sexual requests; for laws … Continue reading

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On Tasers and “Disorderly Conduct”

When I was a kid I used to watch “Mutual of Omaha’s Wild Kingdom” with some regularity, and learned that tranquilizer darts could stop large angry charging animals (lions, elephants, hippos) as well as much smaller critters very quickly in … Continue reading

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Paranoid or Dead: The modern woman’s dilemma.

That’s a line from this post by Amanda Hess entitled Rape Prevention Tips From Rapists: Stay Inside Or Die A Horrible Death. Here’s a short excerpt: It’s not difficult to parse the real message in this advice:If you don’t want … Continue reading

Posted in Acts of Violence, Feminism and Law, If you're a woman | 3 Comments

Sex Stereotyping, Legal Research and Feminist Activism

[From Indiana University School of Law – Indianapolis student Amelia Deibert] I thought you all would be interested in an experience I had with Westlaw recently: I  was  researching  cross-examination tactics, and I happened upon an American Jurisprudence Trials article … Continue reading

Posted in Academia, Feminism and Law, Guest Blogger, Legal Profession | 1 Comment

“Comprehensive Health Insurance Reform: An Essential Prescription for Women”

That is the title of a new report issued by the Congressional Joint Economic Committee, chaired by Rep. Carolyn Maloney (D-NY). Below is the abstract: The status-quo health insurance system is serving women poorly. An estimated 64 million women lack … Continue reading

Posted in Feminism and Economics, Feminism and Law, Feminism and Medicine, If you're a woman, Women's Health | 1 Comment

Reg Graycar and Jenny Jane Morgan, “Equality Rights: What’s Wrong?”

Abstract: In 2009, Australia is debating whether to have a national bill of rights and remains one of the last western democracies that has not yet legislated for (or indeed constitutionally entrenched) some form of human rights law. Nor is … Continue reading

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

Caroline Bettinger-Lopez, “Human Rights at Home: Domestic Violence as a Human Rights Violation”

The abstract: In 2005, Jessica Lenahan (formerly Gonzales) initiated the first international legal action against the United States for violating the human rights of a domestic violence victim. Ms. Lenahan’s petition to the Inter-American Commission on Human Rights, Jessica Gonzales … Continue reading

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Maybe Lucia Whalen should also get a beer?

Caller in Gates Case Says She Didn’t Mention Race By KATIE ZEZIMA CAMBRIDGE, Mass. : Lucia Whalen, whose 911 call led to the arrest of the Harvard professor Henry Louis Gates Jr. at his home, made her first public comments … Continue reading

Posted in Feminism and Law, Race and Racism, Sociolinguistics | 1 Comment

Equal Rights Amendment Going Nowhere. Again.

I barely even noticed the reintroduction of the Equal Rights Amendment on Tuesday, July 21, 2009 by Representative Carolyn Maloney.   The full text of the bill is here.   Its core is quite simple: Equality of rights under the … Continue reading

Posted in Feminism and Law | 1 Comment

Sonia Sotomayor: Everything the Republicans Could Hope For . . . Except Her Race and Gender

The Republicans really are showing their stripes these days, aren’t they? We have a Democratic President who has a background as a progressive activist.   We have a Democratic Senate, now with 60 votes.   And yet, instead of nominating … Continue reading

Posted in Feminism and Law | 2 Comments

Law Protecting Clinic Buffer Zone Upheld

From the Feminist Daily News: The US 1st Circuit Court of Appeals upheld a Massachusetts law on Friday, allowing a 35-foot safety buffer zone between protesters and abortion clinic entrances. The law, established in 2007, protects clinic patients and staff … Continue reading

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Pharmacists are obliged to dispense the Plan B pill, even if they are personally opposed to the “morning after” contraceptive on religious grounds, a federal appeals court ruled last week.

The LA Times reported: … In a case that could affect policy across the western U.S., a supermarket pharmacy owner in Olympia, Wash., failed in a bid to block 2007 regulations that required all Washington pharmacies to stock and dispense … Continue reading

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Laura J. Murray, “Reproductive Technologies: Flesh, Paint, Text”

How do you know a reproduction if you see one? Read Laura Murray’s essay here at No More Potlucks.

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“The Education of Sonia Sotomayor”

That is the title of this essay at the WaPo written by one of Judge Sotomayor’s Princeton profs. Below are a couple of excerpts: … Had I known in the spring of 1973 that this hesitant freshman from the Bronx … Continue reading

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Where Are The Women? The latest issue of the Harvard Journal of Law & Public Policy has one named woman author out of twenty-three?

From here: Volume 32, Number 3 – Summer 2009 THE GEORGE W. BUSH ADMINISTRATION: A RETROSPECTIVE Reflections on Events and Changes at the Department of Justice John Ashcroft 813 National Security and the Rule of Law Michael B. Mukasey 831 … Continue reading

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15 plaintiffs lost their lawsuit against the Vancouver Olympic Games Organizing Committee when the British Columbia Supreme Court ruled that the decision to exclude their sport is out of the organizing committee’s control.

From the Salt Lake City Tribune: … “No one wanted to go to court over this, but we had no choice,” Deedee Corradini, president of Women’s Ski Jumping-USA, said in a statement. “It’s terribly disappointing, but the experience and effort … Continue reading

Posted in Feminism and Law, Feminism and Sports, The Underrepresentation of Women | 2 Comments

How to Stop Indoor Prostitution? Ask a Law School Dean

Both chambers of the Rhode Island State legislature have passed bills to”crack down”on otherwise-legal indoor prostitution in that jurisdiction.  Both bills aim to penalize both prostitutes and johns, but neither bill comes close to offering any meaningful protection for women. … Continue reading

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NYU Law hires homophobic bigot to teach, wait for it, human rights law.

Leiter has the details.

Posted in Academia, Feminism and Law, Law Schools, Law Teaching, LGBT Rights | 2 Comments

Women selling sex are arrested and jailed, but the buyers go free?

That’s how I interpret what this article is saying when it reports: … The November raid came after a six-week surveillance of the house on Round Hill Road. The dwelling’s owner, Stephen A. Clark, was arrested Nov. 26 and pleaded … Continue reading

Posted in Academia, Coerced Sex, Feminism and Law, Justice?, Law Schools | 11 Comments

E-mail, Anonymity and the First Amendment: State of Nebraska v. Darren J. Drahota

This case arose out of an e-mail exchange between a student and his professor. Here is an excerpt from the recent decision by the Nebraska Court of Appeals: … The trial court found, summarized, that while there was initially some … Continue reading

Posted in Academia, Acts of Violence, Feminism and Law, Feminism and Technology, Sociolinguistics | 2 Comments

Susan Williams on “Feminist Theory and Freedom of Speech”

Susan Williams, the William W. Foskett Professor of Law at Indiana Maurer School of Law has published her article, Feminist Theory and Freedom of Speech, 84 Ind. L.J. 999 (2009). The article was previously  published in French as Theorie feministe … Continue reading

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Robson on India High Court’s Invalidation of Sodomy Law

Feminist Law Prof Ruthann Robson (CUNY) posted  here at  Constitutional Law Profs on the declaration by the Dehli High Court that India’s criminal prohibition on sodomy is unconstitutional.  Here is an excerpt of her post: The Court also quoted Justice … Continue reading

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Estate Tax Disaster Looms for Michael Jackson’s Estate

The right of publicity is descendible in California.  This means that a person may transfer by will the right to exploit his or her name, likeness, image, etc., just as one might transfer, say, an heirloom piece of jewelry. In … Continue reading

Posted in Feminism and Law | 1 Comment

Landmark Domestic Violence Judgment by European Court of Human Rights

In a landmark decision, the European Court of Human Rights has unanimously found that a state violated the human rights of the applicant and her mother in failing to protect them against domestic violence. In Opuz v Turkey, the applicant … Continue reading

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“Last week, Los Angeles County officials revealed that there have been at least 16 previously unreported cases of HIV among porn performers in the past five years.”

The title of this article at Salon is awful, but it does report the following: Unfortunately, some sad news out of Porn Valley has made that particular feminist (and humanist) angle especially relevant: Last week, Los Angeles County officials revealed … Continue reading

Posted in Coerced Sex, Feminism and Law | 6 Comments

Law and the Clitoris

If your faculty is not ready to offer that particular “Law and …” course, do not despair. Read Susan Frelich Appleton’s article “Toward a ‘Culturally Cliterate’ Family Law?” 23 Berkeley J. Gender, L. and Justice 267 (2008).  The article is … Continue reading

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Obama DoJ Backs DOMA

Other acronyms that come to mind are JFC and WTF? Read the brief here. It makes the same weasel argument (“the states should decide for themselves”) John McCain made during his Presidential run. –Ann Bartow

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Lesbians, Short Haired Women Segregated in Virginia Prison

Here. -Leigh Goodmark

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“When I Die They’ll Send Me Home” – Youth Behind Bars

Sara talks about being sent to prison for life for killing her pimp when she was 16 years old. In this 100-page report, Human Rights Watch found that in many cases where juveniles were prosecuted with an adult, the youth … Continue reading

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Sonia Sotomayor’s Personal History: Why It Matters

There has been much made of Sonia Sotomayor’s life, her Puerto Rican background, her modest, if not poor, childhood, her mother, what her Latina-ness means to her, her involvement in civil rights organizations, etc.   It’s both a big part … Continue reading

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Too Scandalous To Be A Registered Trademark: “Pussy Natural Energy”

At least according to the TTAB which said: In this case, it is the term PUSSY which is the focus of the refusal and our analysis. The term PUSSY is the most significant element in the mark. Accordingly, when we … Continue reading

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Only Words: Bill O’Reilly’s Angry Tirades Against Dr. George Tiller

Via this Salon article, which notes: … Tiller’s name first appeared on “The Factor” on Feb. 25, 2005. Since then, O’Reilly and his guest hosts have brought up the doctor on 28 more episodes, including as recently as April 27 … Continue reading

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CFP: Conference on”Violence and Vulnerability”at Emory University in Atlanta, Georgia on November 12-14, 2009

“Violence against women both violates and impairs or nullifies the enjoyment by women of their human rights and fundamental freedoms… In all societies, to a greater or lesser degree, women and girls are subjected to physical, sexual and psychological abuse … Continue reading

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“… authorize torture as a method of interrogation, and rape logically becomes part of the continuum of efforts to break down a prisoner’s self-esteem.”

Quote from here, in reference to this article, which notes: “Photographs of alleged prisoner abuse which Barack Obama is attempting to censor include images of apparent rape and sexual abuse …” Here is an excerpt: At least one picture shows … Continue reading

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