Category Archives: Feminism and Law
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
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
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
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
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
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
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
How do you know a reproduction if you see one? Read Laura Murray’s essay here at No More Potlucks.
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
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
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
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
Leiter has the details.
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
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
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
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
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
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
“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
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
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
Here. -Leigh Goodmark
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
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
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
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
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
“… 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
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
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
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
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
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
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
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
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
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
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
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
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
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
Al Brophy asks that question here.
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
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
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
[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
Ann Rossiter, “Ireland’s Hidden Diaspora: the â€˜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
Here. Bravo Darren! See also Historiann’s take on the article.
“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