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Category Archives: Courts and the Judiciary
Shatzman on “The Clerkships Whisper Network”
Aliza Shatzman (Legal Accountability Project) has published “The Clerkships Whisper Network: What It Is, Why It’s Broken, and How to Fix It”, in the Colum. L. Rev.Forum. Here is the opening paragraph (citations and links omitted): You want to clerk? … Continue reading
Posted in Courts and the Judiciary, Sexual Harassment
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Spindelman on “The New Intersectional and Anti-Racist LGBTQIA Politics: Some Thoughts on the Path Ahead”
Marc Spindelman (Ohio State) has posted to SSRN his essay The New Intersectional and Anti-Racist LGBTQIA Politics: Some Thoughts on the Path Ahead. Here is the abstract: This essay, originally presented as a talk at the Washington University School of … Continue reading
Posted in Courts and the Judiciary, LGBT Rights
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Australia Has a Majority-Female High Court: Why That Matters
Jayne Jagot was sworn in last week as the 56th justice of the High Court of Australia. She is the Court’s seventh woman appointed to the High Court, which now has a female majority. See news reports here. Law professor … Continue reading
Posted in Courts and the Judiciary, Sisters In Other Nations
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Aliza Shatzman on “Dismantling the Myth of the Untouchable Judge”
Aliza Shatzman has published The Judiciary Accountability Act: Dismantling the Myth of the Untouchable Judge, N.Y.U. J. Legis. & Pub. Pol’y Quorum (2022). Here is an except: Over a month has passed since I submitted a Statement for the Record … Continue reading
Posted in Courts and the Judiciary, Feminism and the Workplace
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CFP: Nevada Law Journal, “Dark Necessity? The Supreme Court’s Shadow Docket”
Call For Papers: Dark Necessity? The Supreme Court’s Shadow Docket Volume 23, Issue 3 of the NEVADA LAW JOURNAL University of Nevada, Las Vegas William S. Boyd School of Law The NEVADA LAW JOURNAL is pleased to announce a … Continue reading
Posted in Courts and the Judiciary
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Kentanji Brown Jackson Confirmed to Serve on U.S. Supreme Court
Image from the White House website here.
Posted in Courts and the Judiciary
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Spindelman on Kavanaugh on Dobbs
Marc Spindelman’s new essay, Dobbs‘ Dilemma (Why Justice Brett Kavanaugh’s Ideal of “Scrupulous Neutrality” in Dobbs is a Pipe Dream), is available here on SSRN. It’s also published in today’s National Law Journal (here; paywalled).
Posted in Courts and the Judiciary, Feminist Legal Scholarship
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It’s Not a Feminist Judgment, but 9th Cir. Judge Writes Shadow Opinion to His Own Majority Opinion
So, it’s not remotely a feminist judgment, in the sense of embracing feminist methods or values (however broadly defined). All the same, a concurring opinion of Judge Lawrence VanDyke of the Ninth Circuit Court of Appeals embraces the project’s methods. … Continue reading
Posted in Courts and the Judiciary
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25th Anniversary Silver Jubilee Celebration of Margaret Thornton’s Iconic Work, “Dissonance and Distrust: Women in the Legal Profession”
On Thursday, November 18, 2022, 10-11:30 a.m. [that’s evening time on Wednesday, November 17, 2022 on the east coast in the US and Canada; time zone converter here], the Australia National University College of Law will be holding a celebratory … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Feminists in Academia, Firsts, Law Schools, Legal Profession, Sisters In Other Nations
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Yuvraj Joshi on “Racial Transition,” forthcoming in Washington University Law Review
Yuvraj Joshi (Fellow, Yale Law School) has posted to SSRN his article, Racial Transition, 98 Wash. U. L. Rev. (forthcoming 2021). Here is the abstract: The United States is a nation in transition, struggling to surmount its racist past. This … Continue reading
Posted in Courts and the Judiciary, Race and Racism
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RBG: The Power of Dissent and Telling Her Story
I was in the audience some years ago when Justice Ruth Bader Ginsburg gave an interview during the Association of American Law Schools Annual Meeting. I also saw her when I attended oral arguments at the Supreme Court. She was … Continue reading
Posted in Activism, Courts and the Judiciary, Deaths
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Scottish Feminist Judgments Podcast!
The indomitable conveners of the Scottish Feminist Judgments Project have a new podcast series. Here‘s a précis of the first episode: Episode 1: Drury – history and cultural legacies In 1998, Marylin McKenna was murdered by Stuart Drury. Drury was … Continue reading
Posted in Acts of Violence, Courts and the Judiciary, Sisters In Other Nations
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ANU Student Work Comparing Justice Kagan and Justice Bell
Professor Heather Roberts (Australian National University) teaches a course called Selected Topics in Australian-United States Comparative Law. Her students produce some engaging work that may be of interest to readers. Consider this podcast (with video) featuring work by student Jessica … Continue reading
Posted in Courts and the Judiciary, Sisters In Other Nations
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Hearing Women: Reflections on the Anniversary of Christine Blasey Ford’s Testimony
by Stephanie M. Wildman September 27 marks the anniversary of a skirmish that ranks in the pantheon of modern civilian conflicts over what kind of society America will be. Many believed Dr. Christine Blasey Ford’s testimony one year ago about … Continue reading
Posted in Courts and the Judiciary, Race and Racism, Sexual Harassment
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Bringing Indigeneous Voices Into Judicial Decision-Making
This news from Sydney (Australia) Law School (here): Dr Nicole Watson will use an Australian Research Council grant to incorporate Aboriginal and Torres Strait Islander voices into judgments and celebrate their contributions to the development of Australian law. Dr Watson, … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Race and Racism, Sisters In Other Nations
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Supreme Court of Canada Cites a Feminist Judgment in Opinion on Exclusion of Evidence of Victim’s Prior Sexual Conduct
The Supreme Court of Canada issued a decision on June 28, 2019 in the case of R. v. Goldfinch, 2019 SCC 38 (CanLII). The case involved an appeal of an evidential ruling in a criminal sexual assault trial. Canada Criminal … Continue reading
Posted in Courts and the Judiciary, Criminal Law, Feminist Legal Scholarship
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Oñati Socio-Legal Series @IISJOnati Volume on “Comparative Socio-Legal Perspectives on Judicial Decision Making and Gender Justice”
In May, 2017, I participated in a fantastic international workshop at the Oñati International Institute for the Sociology of Law in Spain. The workshop brought together participants from the various international Feminist Judgments Projects. Collectively, these projects focus on rewriting … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Sisters In Other Nations
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Female Law Professors’ Letter to Senators re Kavanaugh Nomination
A group of female law professors have drafted a letter to the Senate expressing concern over the Kavanaugh appointment. The letter has been covered by the (UK) Guardian here. The full text of the letter is as follows: Dear Senators: … Continue reading
Posted in Courts and the Judiciary
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Ethics Complaint Filed Against Judge Kavanaugh
Feminist Law Prof Vernellia Randall (Dayton) has filed in the United States Court of Appeals for the District of Columbia Circuit an ethics complaint against Judge Kavanaugh on the grounds that his partisan statements and his behavior before Congress call … Continue reading
Posted in Courts and the Judiciary
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Law Professors’ Letter on Kavanaugh’s “Judicial Temperament”
The Huffington Post features a short write-up of the letter signed by over 500 law professors expressing concern about Judge Kavanaugh’s lack of judicial temperament. Here is an except of the HuffPo piece. More than 500 law professors from nearly … Continue reading
Posted in Courts and the Judiciary
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The Senate Responds to Kavanaugh’s Accusers
Dr. Christine Blasey Ford’s accusation that Judge Brett Kavanaugh sexually assaulted her when they were both in high school has turned Kavanaugh’s judicial confirmation into an extremely polarizing political issue. In the midst of the #metoo movement, Dr. Ford’s accusation … Continue reading
Posted in Courts and the Judiciary, Feminism and Politics
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Law Professors’ Letter Regarding Methods Used to Evaluate Kavanaugh Allegations
More than 250 law professors with expertise in gender violence sent a letter to the Senate Judiciary Committee, expressing our “profound concern” regarding the methods of evaluation of the allegations of Judge Kavanaugh’s sexual misconduct. The full text of the … Continue reading
Posted in Courts and the Judiciary, Feminism and Politics
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@Dr_KMcLoughlin Reviews Aotearoa New Zealand and Northern/Irish Feminist Judgments Books
Dr. Kcasey McLoughlin (Newcastle Law School, Australia) has published a review of Feminist Judgments of Aotearoa New Zealand, Te Rino: A Two Stranded Rope (Rhonda Powell, Elisabeth MacDonald, Māmari Stephens & Rosemary Hunter eds., 2017) and Northern/Irish Feminist Judgments: Judges’ … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Sisters In Other Nations
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Murray’s “Foul Paper” on Kozinski, “Draft of a Letter of Recommendation”
Yxta Maya Murray (Loyola LA) has posted to SSRN her powerful essay Draft of a Letter of Recommendation to the Honorable Alex Kozinski, Which I Guess I’m Not Going to Send Now, 25 Michigan Journal of Gender & Law 59 … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Law Schools
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CFP Feminist Judgments Project India, @FJP_India
From colleagues at Jindal Global Law School in India, this Call for Participation: The Feminist Judgment Project India imagines the possibilities of collaborative writing of alternate judgments for several Indian cases across a broad range of legal issues having a … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Sisters In Other Nations
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England and Wales Family Court Decision: Example of a Feminist Judgment
Earlier this week, Mr. Justice Peter Jackson of the English and Wales Family Division of the High Court handed down a relatively run-of-the-mill custody decision in what I think is an extraordinary format. The decision is written as a signed … Continue reading
Posted in Courts and the Judiciary, Feminism and Families, Feminism and Law
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New Book Announcements: Constitutions and Gender
Constitutions and Gender, a new book edited by Helen Irving (University of Sydney) has been published by Edward Elgar Publishing. Here is the publisher’s description: The idea that constitutions are gendered is not new, but its recognition is the product … Continue reading
Posted in Courts and the Judiciary, Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations
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Meier on “Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation”
Joan Meier (GW) has posted to SSRN her article, Mapping Gender: Shedding Empirical Light on Family Courts’ Treatment of Cases Involving Abuse and Alienation, 35 Law & Ineq. 311 (2017). Here is the abstract: This article provides an empirical view … Continue reading
Posted in Courts and the Judiciary, Feminism and Families, Feminist Legal Scholarship
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Is Ginsburg’s Decision in Sessions v. Morales-Santana Good for Women?
In Sessions v. Morales-Santana, a decision written by Justice Ginsburg, the Supreme Court ruled unconstitutional today a federal law that makes it more difficult for U.S. citizen fathers than mothers to transmit citizenship to non-marital child born abroad. Previously, unmarried … Continue reading
Posted in Courts and the Judiciary, Feminism and Families, Immigration
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Neil Gorsuch, Hobby Lobby, and the Question of Complicity
Neil Gorsuch may be a soft-spoken and gentlemanly Harvard-educated lawyer’s lawyer. But his decision in the Hobby Lobby case, 723 F.3d 1114 (10th Cir. 2013), apparently overlooked by most commentators, demonstrates just how much American women have to fear if … Continue reading
Interview with Dana Brooks Cooper, Florida Attorney Challenging the “Tampon Tax”
Earlier this year, Bridget J. Crawford spoke with Dana Brooks Cooper, Esq. of Barret, Fasig & Brooks in Tallahassee, Florida. Ms. Brooks is representing the plaintiff in a class action that challenges the Florida “tampon tax,” the state sales tax … Continue reading
Posted in Courts and the Judiciary, Women and Economics, Women's Health
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Announcing the Publication of Feminist Judgments: Rewritten Opinions of the United States Supreme Court
I am excited to announce that Feminist Judgments: Rewritten Opinions of the United States Supreme Court has been published by Cambridge University Press. This volume, edited by Kathy Stanchi (Temple), Linda Berger (UNLV) and me includes contributions from over 50 … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Law Teaching, Recommended Books
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“A Papa Murphy’s take-and-bake pizza is not essential in the same way as feminine hygiene products are to menstruating women”
This week the Appellate Court of Illinois, Fifth District, has served up some very quotable dicta. The court affirmed the dismissal of a putative class action against Papa Murphy’s International, a pizza franchisor, and a local franchisee, located in Edwardsville, … Continue reading
Posted in Courts and the Judiciary, Feminism and Economics
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Robson on “The Legacy of Antonin Scalia: Don’t Mourn, Organize”
Feminist Law Prof Ruthann Robson (CUNY) has published “The Legacy of Antonin Scalia: Don’t Mourn, Organize” over at the Women’s Review of Books. Here is an excerpt: With the unanticipated death of Justice Antonin Scalia on February 13, the United … Continue reading
Posted in Courts and the Judiciary, Feminism and Law
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Craig & Woolley on Rape & Consent In Canadian Law
Elaine Craig, Assistant Professor of Law at Dalhousie University, and Alice Woolley, Professor of Law, University of Calgary, have contributed this important piece to the Globe and Mail. They analyze a recent Alberta Court of Appeal holding that rejects the … Continue reading
Posted in Academia, Acts of Violence, Coerced Sex, Courts and the Judiciary, Feminism and Law, Sisters In Other Nations
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Justices of the Supreme Court, Lego Style
Via Maia Weinstock here. -Bridget Crawford
Posted in Courts and the Judiciary
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ABA Journal Coverage of “Feminist Judgments” Project
The February 2015 print edition of the ABA Journal gives a nice shout-out to the forthcoming Feminist Judgments book in an article by Leslie A. Gordon, New Project Rewrites SCOTUS Opinions from a Feminist Perspective. Here is an excerpt: More … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship, Recommended Books
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Justice Ginsburg Intervew with Professor Marina Angel
Justice Ruth Bader Ginsburg recently spoke with Professor Marina Angel (Temple). You can watch the full 50+-minute interview here. -Bridget Crawford
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Guttmacher Institute on Hobby Lobby Case: “After Supreme Court Ruling, Focus Shifts to How Obama Administration and Congress Will Ensure Contraceptive Coverage for Affected Employees”
The Guttmacher Institute has issued a statement on the Hobby Lobby case. Here is an excerpt: [D]espite its potentially limited impact, the decision is very troubling for multiple reasons. Chief among them is the fact that five Supreme Court justices … Continue reading
Posted in Courts and the Judiciary, Reproductive Rights
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Vasectomy as Part of Plea Agreement
A 27-year old Virginia man has agreed to a vasectomy as part of a plea deal in Virginia. “It’s a condition of his probation, and I’m sure he’ll have to provide documentation to his probation officer,” [prosecutor Ilonia L.] White … Continue reading
Posted in Courts and the Judiciary, Reproductive Rights
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Sir Young and the “Typical Sex Offender”
A sexual assault case out of Texas is making national headlines based upon the comments and sentence imposed by the judge. From the CNN article on the case: She could have sentenced him to 20 years in prison after he … Continue reading
Posted in Coerced Sex, Courts and the Judiciary
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Ensuring Access to Justice for Transgender People
In October, 2013, the New York State Judicial Institute sponsored a 3-day training program for judges and court personnel on “Transgender Litigants in the Courtroom: Providing Equal Access and Impartial Justice.” Transcripts of the program are available here, as is … Continue reading
Posted in Courts and the Judiciary, LGBT Rights
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Does Supreme Court Justice Antonin Scalia believe society is eroding because women use the ‘F-word’?
That’s what this article effing claims.
Posted in Courts and the Judiciary, Feminism and Culture, Sociolinguistics
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Mass. Supreme Court Affirms Right of Men to Look Up Our Skirts
or at least take pictures up women’s skirts. CNN, e.g., has coverage here. The AP has coverage here. -Bridget Crawford
Posted in Courts and the Judiciary, Justice?
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Announcing New Book Project: Feminist Judgments – US Supreme Court Edition
Four feminist law profs – Jamie Abrams (Louisville), Bridget Crawford (Pace), Kathy Stanchi (Temple) and Linda Berger (UNLV) – have embarked on a United States Supreme Court version of the British Feminist Judgments book. Feminist Judgments was a collaborative project … Continue reading
Posted in Courts and the Judiciary, Feminist Legal Scholarship
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Invitation to Participate in the Feminist International Judgments Project
Over on IntLawGrrls, Cecilia Marcela Bailliet has posted an invitation to participate in what looks to be a terrific project: Women´s Voices in International Law Initial Meeting to be held on 8th May 2014, SOAS (London) Participants are sought to take an … Continue reading
Posted in Academia, Call for Papers or Participation, Courts and the Judiciary, Feminism and Law
Tagged international law
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Converge! Re-Imagining the Movement to End Gender Violence
CALL FOR PAPERS AND PRESENTATIONS – SUBMIT YOUR PROPOSAL TO converge@law.miami.edu DUE DATE: Friday, October 18, 2013 (may be extended) For more conference information see http://www.law.miami.edu/academics/converge/ CONVERGE! Re-imagining the Movement to End Gender Violence, will bring together survivors, activists, and … Continue reading
Posted in Academia, Activism, Acts of Violence, Call for Papers or Participation, Coerced Sex, Courts and the Judiciary, Employment Discrimination, Feminism and Economics, Feminism and Families, Feminism and Law, Feminism and Politics, Feminist Legal Scholarship, Feminists in Academia, Human Trafficking, Immigration, Legal Profession, LGBT Rights, Masculinity, Reproductive Rights, Sex Trafficking, Sexual Harassment, Socioeconomic Class, Upcoming Conferences
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Justice Ruth Bader Ginsburg headlines Thomas Jefferson Law School Women and Law Conference
Last Friday, Justice Ruth Bader Ginsburg spoke at the 13th Annual Women and Law Conference at Thomas Jefferson Law School. A packed house listened as panelists discussed a variety of issues relating to women in the judiciary, and the highlight … Continue reading
Posted in Academia, Courts and the Judiciary, Law Schools, Sisters In Other Nations, Upcoming Conferences
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Irresistible Impulse: Supreme Court of Iowa Finds Employer Can Fire Employee He Deems an “Irresistible Attraction”
The question is not before us of whether it would be sex discrimination if Tenge had been terminated because Lori perceived her as a threat to her marriage but there was no evidence that she had engaged in any sexually suggestive conduct. Tenge v. Phillips Modern Ag. Co., 446 F.3d 903 (8th Cir. 2006). … Continue reading
Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace
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Pages In Your Diary: Supreme Court of West Virginia Badly Errs in Deeming Diary Entries Admissible Despite Rape Shield Rule
A defendant is charged with second-degree sexual assault and related crimes after another individual and he allegedly commit sexual crimes against a 13 year-old victim. After the alleged crimes, the alleged victim starts writing in a notebook and writes in … Continue reading
Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary, Invasion of Privacy
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