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Category Archives: Feminism and Law
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
Posted in Feminism and Law, LGBT Rights
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Lesbians, Short Haired Women Segregated in Virginia Prison
Here. -Leigh Goodmark
Posted in Feminism and Law
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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
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Women's Health
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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
Posted in Academia, Courts and the Judiciary, Feminism and Law, Firsts, Law Schools, Legal Profession, Race and Racism
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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
Posted in Feminism and Culture, Feminism and Law, Sociolinguistics
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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
Posted in Acts of Violence, Feminism and Law, Feminism and Politics, Reproductive Rights, Women's Health
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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
Posted in Acts of Violence, Call for Papers or Participation, Feminism and Law, From the FLP mailbox, Upcoming Conferences
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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
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Feminism and Politics, Sisters In Other Nations
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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
“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
Posted in Academia, Feminism and Law, Law Schools, Law Teaching
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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
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
Posted in Courts and the Judiciary, Feminism and Law, LGBT Rights
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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
Posted in Feminism and Law, The Underrepresentation of Women
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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
Posted in Feminism and Law, Feminism and Politics, LGBT Rights
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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
Posted in Academia, Feminism and Economics, Feminism and Law, If you're a woman, Women and Economics
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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
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
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
Posted in Feminism and Law, Feminism and the Workplace
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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
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
Posted in Feminism and Law, Feminism and Technology, Feminist Legal Scholarship
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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
Posted in Feminism and Law
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“What Gender is Trusts and Estates?”
Al Brophy asks that question here.
Posted in Academia, Feminism and Law, Feminists in Academia, The Overrepresentation of Women
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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
Posted in Academia, Feminism and Law, Sociolinguistics, The Underrepresentation of Women
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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
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
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
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
Posted in Feminism and Law, Recommended Books, Reproductive Rights, Sisters In Other Nations
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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.
Posted in Courts and the Judiciary, Feminism and Law, Feminism and Politics, Race and Racism, The Underrepresentation of Women
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“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
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.
Posted in Acts of Violence, Feminism and Culture, Feminism and Law
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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
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, Reproductive Rights
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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
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Jerks Who Make SC Look Bad
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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
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”
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
Posted in Acts of Violence, Feminism and Law, If you're a woman, Sisters In Other Nations
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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
South Carolina State Senator Wants to Further Victimize Prostitutes
The bill, introduced by S.C. Sen. Lee Bright will allow the state to take any property, real and personal, used to facilitate prostitution from prostitutes, which could easily be everything they own. Here’s the text: S. 436 STATUS INFORMATION General … Continue reading
Posted in Coerced Sex, Feminism and Law, South Carolina
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Obama says: “Now, the Freedom of Choice Act is not highest legislative priority.”
Here. See also this article entitled: “Obama says abortion rights law not a top priority.” Contrast that with his words when he was a candidate: “The first thing I’d do as president [to preserve abortion rights] is sign the Freedom … Continue reading
Damn, the Supreme Court has ruled that the FCC’s fleeting expletive rule is “okay” but withheld judgment on whether it is constitutional.
There has been a ruling in FCC v. Fox Television Stations. From the NYT: The Supreme Court ruled narrowly Tuesday in favor of a government policy that threatens broadcasters with fines over the use of even a single curse word … Continue reading
Posted in Feminism and Law, Sociolinguistics
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Linda C. McClain, “Red Versus Blue (and Purple) States and the Same-Sex Marriage Debate: From Values Polarization to Common Ground?”
The abstract: What is the role of courts in circumstances of “values polarization”? The framing of this question brings to mind, but differs from, some familiar inquiries about the judicial role in circumstances of conscientious moral disagreement or value pluralism … Continue reading
Posted in Feminism and Families, Feminism and Law, Feminist Legal Scholarship, LGBT Rights
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Lambda Legal assists children of disabled parents but the cases illustrate the risk of parentage orders.
Nancy Polikoff writes at Bilerico: Lambda Legal announced this week that the Social Security Administration has agreed to grant child benefits to the two children of a father receiving social security disability benefits. The issue concerned recognition of the parent-child … Continue reading
Posted in Feminism and Families, Feminism and Law, LGBT Rights
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Another “Where are the Women?” Entrant: The most recent volume of the Harvard Law Review features two articles by men and notes and case summaries by “anonymous.”
I assume there is some way to figure out who wrote the notes? Current system seems like a pretty effective way to hide gender disparities among other things. Meanwhile, here’s the ToC: Vol. 122 · April 2009 · No. 6 … Continue reading
Posted in Academia, Feminism and Law, The Underrepresentation of Women
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Gender and the Supreme Court “Vacancy”
Last week, Dahlia Lithwick wrote an intriguing article in Slate magazine regarding the frequently heard argument that President Obama’s first nominee to the Court should be a woman. Lithwick quotes Justices Ginsberg and O’Connor lamenting the dearth of women … Continue reading
Posted in Feminism and Law, Feminism and Politics, The Underrepresentation of Women
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The impact of the underrepresentation of women in the media and SCOTUS, illustrated.
Historiann observes: Nina Totenberg’s report on All Things Considered last night on the”strip search”case heard yesterday at the Supreme Court is the only news report I can find that notes that lone woman Justice Ruth Bader Ginsburg was on her … Continue reading
“Where Have All of the Female Rappers Gone?”
See this post here at the new(ish) Hip Hop Law blog! Another recent post is titled: “Candy Girls Are Not Made of Sugar and Spice and Everything Nice.”
More about US v. Stevens, the Third Circuit decision that the federal law criminalizing the depiction of animal cruelty is an unconstitutional infringement on the First Amendment.
Previous post by Ruthann Robson here. The Oregon Animal Law blog noted that the ability to federalize the prosecution of animal cruelty cases has been effectively terminated with this ruling if it is followed by the other circuits. It probably … Continue reading
Posted in Acts of Violence, Feminism and Animal Law, Feminism and Law
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“Guns, threats, space, and gender”
Compelling post by Historiann, which begins: Inside Higher Ed featured a story yesterday about universities that allow students to bring their guns to campus if they have concealed-carry permits, and states like Texas and Missouri where oh-so-brave state legistlators are … Continue reading
Posted in Academia, Acts of Violence, Feminism and Law, Feminists in Academia
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Default Judgment in “Doe v. Fortuny”
From here: On February 20, 2008, an anonymous plaintiff sued Jason Fortuny in Illinois federal court for copyright infringement, invasion of privacy through the publication of private facts, and intrusion, after Mr. Fortuny allegedly posted his photograph and personal information … Continue reading
Posted in Feminism and Law
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Crush Porn Before SCOTUS
The United States Supreme Court has granted certiorari in US v. Stevens, 533 F.3d 218 (3rd Cir. 2008). The usual report is that the case is about videotapes of dog-fighting and whether their sale can be criminalized under the … Continue reading
Cyberstalking Conviction in Montana
A 28-year-old University of Montana student plead guilty to cyberstalking for sending threatening e-mails to his former girlfriend. Jeffrey D. Grob pleaded guilty in U.S. District Court in Missoula on Thursday. He faces possible penalties of 5 years in prison, … Continue reading
Posted in Acts of Violence, Feminism and Law
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