Category Archives: Feminism and Law

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

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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.

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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

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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

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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

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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

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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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Posted in Academia, Courts and the Judiciary, Feminism and Law, Firsts, Law Schools, Legal Profession, Race and Racism | Comments Off

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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Posted in Acts of Violence, Feminism and Law, Feminism and Politics, Reproductive Rights, Women's Health | Comments Off

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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Posted in Acts of Violence, Call for Papers or Participation, Feminism and Law, From the FLP mailbox, Upcoming Conferences | Comments Off

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

More About Barnes v. Yahoo

I blogged about the case previously here. Below is an excerpt from the Ninth Circuit’s holding in Barnes v. Yahoo at page 5316 that gives a quick overview of the facts: In accordance with Yahoo policy, Barnes mailed Yahoo a … Continue reading

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Posted in Acts of Violence, Courts and the Judiciary, Feminism and Law, Feminism and Technology | 1 Comment

“Professor Sotomayor” – A View of the New Justice from Columbia Law School

Sonia Sotomayor, nominated by President Obama to the U.S. Supreme Court, has taught a course on Federal Appellate Court advocacy at Columbia for several years.   While President Obama’s adjunct teaching job at the University of Chicago is often cited … Continue reading

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That Sotomayor Quote

Taken from Sotomayor’s Judge Mario G. Olmos Memorial Lecture in 2001, which she delivered at the University of California, Berkeley, School of Law, here is the context: … Whether born from experience or inherent physiological or cultural differences, a possibility … Continue reading

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Posted in Courts and the Judiciary, Feminism and Law, The Underrepresentation of Women | 3 Comments

Strauss v. Horton

Read the opinion here.   Feminist efforts to   sort out what it all means can be found: Here at Tennessee Guerilla Women; Here at the Gender and Sexuality Law Blog; (additional links to come). See also the Linkfarm at … Continue reading

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“Justice Sonia Sotomayor” has a nice ring to it!

Don’t have anything interesting or important to add to all the conversation around the announcement that President Obama has nominated Judge Sonia Sotomayor to teh Supreme Court, but couldn’t let it go unremarked.   I like this NTY story about … Continue reading

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Hillary Clinton Pushes For Same Sex Benefits At State Dept.

From The Advocate: The Advocate has obtained a draft of a letter from Secretary of State Hillary Clinton to employees of the State Department that details her intentions to extend certain benefits to same-sex partners of foreign service officers posted … Continue reading

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The Law and Economics of the Backlash

Back in my early days of teaching I thought it might be interesting to present a feminist legal theory paper at an annual meeting of the American Law & Economics Association (ALEA). At least at that time, you had to … Continue reading

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Posted in Academia, Feminism and Economics, Feminism and Law, If you're a woman, Women and Economics | Comments Off

Michigan Law Review Where Are The Women Redux: Fifteen articles, sixteen if you count the Foreword, only one written by a woman?

Michigan Law Review, Issue 107:8 (June 2009) (Past issues are available on our website.) FAULT IN CONTRACT LAW FOREWORD Omri Ben-Shahar & Ariel Porat, Fault in American Contract Law, 107 Mich. L. Rev. 1341 (2009) ARTICLES Richard A. Posner, Let … Continue reading

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

Another NYU Law Review Edition of: Where Are The Women?

Volume 84 May 2009 Number 2 ARTICLES Categoricalism and Balancing in First and Second Amendment Analysis Joseph Blocher A Theory of Taxing Sovereign Wealth Victor Fleischer Toward Procedural Optionality: Private Ordering of Public Adjudication Robert J. Rhee NOTES A Relational … Continue reading

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

California Assembly Passes Fair Pay Legislation

From the Feminist Daily News: The California state Assembly passed a state-level version of the Lilly Ledbetter Fair Pay Act Monday on a 49 to 28 vote. The measure codifies at the state level a broader version of the federal … Continue reading

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Woman fired for refusing to wear make-up.

From here: Shenoa Vild hates to wear makeup. Face goop is simply not for her. She happens to think she has a naturally healthy, vibrant complexion. After meeting her, I have to agree. But Vild, a waitress, says her former … Continue reading

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Posted in Feminism and Law, If you're a woman | 1 Comment

Mary Anne Franks, “Unwilling Avatars: Sexual Harassment in Cyberspace”

Abstract: This Article analyzes the growing phenomenon of cyberspace harassment, offering an innovative legal response to it not previously advanced by scholarship on the subject. This Article identifies cyber harassment as a form of “forced embodiment” that reinforces already existing … Continue reading

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Supreme Court Rules Against Plaintiffs in AT&T v. Hulteen

We previewed this case back in December when it was argued.   It boiled down to whether employers could pay pension benefits based on discrimination against pregnant employees that occurred before the Pregnancy Discrimination Act took effect.   As predicted … Continue reading

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“What Gender is Trusts and Estates?”

Al Brophy asks that question here.

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How many women authors are in your syllabi?

After observing that: … a quick tally of the authors represented on my syllabi (10 courses so far) reveals that 12% of the articles or books I was required to read were written by women. Now in my third quarter … Continue reading

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When Non-Lawyers Write Wrongly About Patent Law

In this article about patenting genes author Rebecca Skloot writes: Nearly a decade ago, surgical procedures were patented similarly to genes:if you went to the hospital needing, say, a certain kind of appendicitis surgery and your doctor hadn’t licensed the … Continue reading

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Posted in Feminism and Law, Feminism and Technology, Women's Health | 5 Comments

Patent Law and Women’s Health

The ACLU has helped organize a lawsuit challenging a decision by the Patent & Trademark Office granting Myriad Genetic patent rights to two genes that are closely associated with increased risk for breast cancer and ovarian cancer, and on the … Continue reading

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Posted in Feminism and Law, Feminism and Technology, Women's Health | 4 Comments

Gendered Parenthood On Mother’s Day

[I originally posted this on my own blog, Related Topics, yesterday--when it really was Mother's Day.     On reflection, I wanted to post it here as well.   So it's a bit late, but here it is.] It’s Mother’s … Continue reading

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Posted in Academia, Feminism and Families, Feminism and Law | 3 Comments

Ann Rossiter, “Ireland’s Hidden Diaspora: the ‘abortion trail’ and the making of a London-Irish underground, 1980-2000″

From this site: Every year, approximately 5,000 women from the Republic of Ireland and 1,500 from Northern Ireland cross the Irish Sea to have an abortion in a British clinic. They come and go in secret, like women ‘on the … Continue reading

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Darren Hutchinson Takes Down Jeffrey Rosen’s Article About Judge Sonia Sotomayor

Here. Bravo Darren! See also Historiann’s take on the article.

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Posted in Courts and the Judiciary, Feminism and Law, Feminism and Politics, Race and Racism, The Underrepresentation of Women | Comments Off

“This case stems from a dangerous, cruel, and highly indecent use of the internet for the apparent purpose of revenge.”

A unanimous three-judge panel in the Ninth Circuit held in   Barnes v. Yahoo!, Inc. that a claim   for promissory estoppel by an Internet harassment victim was not necessarily precluded by Section 230 of the Communications Decency Act. The … Continue reading

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

Justin-Jinich filed a harassment complaint on July 10, 2007 against the man now believed to be her murderer, asserting that he was calling her repeatedly and sent her insulting e-mails for at least a week.

Story here.

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Sarah B. Lawsky and Naomi Cahn, “Embryo Exchanges and Adoption Tax Credits”

Abstract: The”Option of Adoption Act,”a Georgia bill introduced by a staunchly anti-abortion Georgia state representative, establishes procedures for genetic donors to relinquish their rights to embryos before birth and permits, but does not require, embryo recipients to petition a court … Continue reading

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South Carolina’s Attorney General Tries to Raise His Profile by Going After Craigslist and Persecuting Prostituted Women

Local newspaper account here, which reports: S.C. Attorney General Henry McMaster told The State newspaper that to his knowledge, South Carolina is the first state to explore the possibility of criminal charges against CEO Jim Buckmaster and other top officers … Continue reading

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“Is It Wrong To Pay For Sex?”

From NPR. Those debating were: FOR THE MOTION Melissa Farley is a clinical and research psychologist with San Francisco-based nonprofit Prostitution Research & Education and an associate scholar with the Center for World Indigenous Studies. She wrote Prostitution and Trafficking … Continue reading

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Posted in Coerced Sex, Feminism and Law, Justice?, Sociolinguistics | 1 Comment

CBC News Sunday interview with Victor Malarek about his book “The Johns, Sex for Sale and the Men Who Buy It”

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

Murder Trial of Steven Green began this week in Kentucky

From Democracy Now: The trial of a former soldier accused in the 2006 rape and murder of an Iraqi teenager and the killing of her family has begun. Steven Green is accused of being the ringleader in raping and killing … Continue reading

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Where are the women? Another post about gender disparities at elite law journals.

In disciplines outside law, faculty appointments and promotions (including tenure) are not in the hands of student journal editors. Of course, they do not depend entirely on student-editors in law either – but they do in part. Coming from Canada … Continue reading

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Posted in Academia, Feminism and Law, Feminists in Academia, The Underrepresentation of Women | 3 Comments