Category Archives: Courts and the Judiciary

NY Appellate Court Upholds Distribution of Decedent’s Estate to Same-Sex Spouse

An appellate court in New York has upheld the decision of New York County Surrogate Kristen Booth Glen (formerly of CUNY Law) to recognize a decedent’s same-sex marriage for estate administration purposes.  Specifically, Surrogate Glen had permitted probate of the … Continue reading

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Full Text Opinion in H. Kenneth Ranftle v. Craig Leiby

The full text of the decision of the Supreme Court of the State of New York, Appellate Division, First Department appears after the fold.

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Should Courts Award Child-Rearing Damages for “Wrongful Birth” in Cases of the Rape of a Minor?

The issue of whether there should be a right to abortion in cases of rape has arisen again in response to comments by teen sensation Justin Bieber. The 16 year-old pop star was asked about abortion in rape cases, and … Continue reading

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Posted in Coerced Sex, Courts and the Judiciary, Reproductive Rights | 1 Comment

There’s No Sex in Your Violence: Opinion Reveals Minnesota Only Allows Hostile Work Environment Claims Based On Sexual Harassment, Not Gender Discrimination

A female employee brings an action against a school district under the Minnesota Human Rights Act (MHRA), alleging hostile work environment based upon gender discrimination. The gravaman of her complaint is that her male supervisor made sexist statements about the … Continue reading

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Posted in Acts of Violence, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Sexual Harassment | Comments Off on There’s No Sex in Your Violence: Opinion Reveals Minnesota Only Allows Hostile Work Environment Claims Based On Sexual Harassment, Not Gender Discrimination

(A few reasons) why Angela Onwuachi-Willig should be appointed to the Iowa Supreme Court

Various law blogs (including this one) have mentioned the news that University of Iowa law professor Angela Onwuachi-Willig is on the short list for the Iowa Supreme Court. Angela is a leading scholar on topics of racial justice and critical … Continue reading

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Posted in Courts and the Judiciary, LGBT Rights | Tagged , | 1 Comment

Onwuachi-Willig: Finalist for Iowa Supreme Court

Among the 9 finalists for the 3 vacancies on the Iowa Supreme Court Justice there is one woman, one racial minority, and one law professor – – – and then there are the 8 other candidates. The 3 vacancies on … Continue reading

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The “Inevitable Firing” Approach: How The Inevitable Discovery Doctrine Should Inform Subordinate Discrimination Cases

A company fires an employee. The employee files an action against the company, alleging that the firing was discriminatory. The company moves for summary judgement dismissing the complaint. The fired employee has no direct evidence that the supervisor who fired … Continue reading

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Beiner on “White Male Heterosexist Norms in the Confirmation Process”

Theresa Beiner (University of Arkansas) has posted to SSRN her article, White Male Heterosexist Norms in the Confirmation Process (forthcoming 2011).  Here is the abstract: Justice Sonia Sotomayor’s confirmation hearing took a controversial turn when commentators picked up on a … Continue reading

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Posted in Courts and the Judiciary, Feminist Legal Scholarship | 1 Comment

What Kind Of Right?: Court of Appeals of Michigan Finds Rape Shield Rule Vests Rights In Victims

MCL 750.520j, Michigan’s rape shield statute, provides that: (1) Evidence of specific instances of the victim’s sexual conduct, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct shall not be admitted … unless and only … Continue reading

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Posted in Coerced Sex, Courts and the Judiciary | 1 Comment

On the Issues Magazine Article “Judging Our Future” on Female Judges

In this month’s On the Issues magazine there is a quick article (here) about the presence/absence of women judges in the United States.  “Judging our Future: Supreme Women Move Up” gives some of the stats: Since Elena Kagan took her … Continue reading

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Posted in Courts and the Judiciary, Legal Profession, The Underrepresentation of Women | 1 Comment

7th Circuit Answers Lawyer Who Told Panel of Judges to “Ask Your Wives” About Washing Machines

The United States Court of Appeals for the Seventh Circuit has issued an order in the case Thorogood v. Sears, Robebuck & Co. The 3-judge panel — Judges Posner, Kanne and Evans — writes: [I]n view of the accusations leveled … Continue reading

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Posted in Courts and the Judiciary | 1 Comment

Jessie Hill on Dangerous Terrain: Mapping the Female Body in Gonzales v. Carhart

Jessie Hill has posted on SSRN a short and fascinating analysis of the graphic language used in Gonzales v. Carhart (2007), the “partial-birth abortion” case. Here is part of the abstract: This brief Article focuses on the rhetoric of the … Continue reading

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Posted in Academia, Courts and the Judiciary, Feminism and Law, Reproductive Rights, Women's Health | Comments Off on Jessie Hill on Dangerous Terrain: Mapping the Female Body in Gonzales v. Carhart

Judicial Notice of Girl’s Birth (aka Judge Kimba Wood Rocks!)

From the WSJ Law Blog: [Bennett Epstein, a] Manhattan lawyer recently asked New York federal judge Kimba Wood to grant him a day’s reprieve in a criminal trial to attend the bris of his grandson. Epstein’s daughter has not yet … Continue reading

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Posted in Courts and the Judiciary | 2 Comments

“What separates a stereotype from reality?”

Yesterday I blogged about Flores-Villar v. United States, the pending Supreme Court case about whether the laws of citizenship can treat the foreign-born children of American men less favorably than it treats the foreign-born children of American women. Ruthann Robson … Continue reading

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Posted in Courts and the Judiciary, Feminism and Law | 2 Comments

In the Supreme Court Today: Sex Discrimination in Passing Your Citizenship On to Your Children

In the Supreme Court this morning, the Obama administration is defending discrimination in the law of U.S. citizenship on the grounds that other countries do it too. When a non-marital child is born outside the United States and has one … Continue reading

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Posted in Courts and the Judiciary, Feminism and Families, Feminism and Law, Immigration | 3 Comments

Guest Blogger Seth Stern: Justice Brennan’s Woman Problem

In the month since the publication of the biography of Justice William J. Brennan Jr. I co-authored, no passage has attracted more attention than our account of his refusal to hire female clerks. It probably shouldn’t have come as a surprise … Continue reading

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Posted in Courts and the Judiciary, Employment Discrimination, Guest Blogger | 1 Comment

Judge Chatter about Amniote Intromittent Organ Might Lead to Removal from Bench

The State of New York Commission on Judicial Conduct has determined (here) that Saratoga County Family Court Judge Gilbert Abramson should be removed from the bench for failure (on several occasions and despite warnings) to notify defendants of their right … Continue reading

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Racialized Blame: What Virginia Thomas and Anita Hill Have to Do With It

Writing in the November 15, 2010 edition of The Nation, Professor Melissa Harris-Perry (Princeton) reacts to the news that Virginia Thomas, wife of United States Supreme Court Justice Clarence Thomas, called Professor Anita Hill and asked Professor Hill to apologize: … Continue reading

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Who’s Sorry Now is Like the Corners of My Mind (or, Connie Francis Meets Gladys Knight and Mashes-up Public Memory)

A New York Times headline recently trumpeted that Virginia Thomas, wife of U.S. Supreme Court Justice Clarence Thomas, had telephoned law professor Anita Hill at her faculty office and left a message. You can read about it here. Odd behavior, to … Continue reading

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Posted in Courts and the Judiciary, Feminism and Politics, Sexual Harassment | 1 Comment

Justice Kagan’s First Week at Work

Image source: here. H/T Joan Shaungnessy -Bridget Crawford

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Posted in Courts and the Judiciary | 1 Comment

As Seen on TV?: SDNY Finds Social Framework Testimony Wouldn’t Help Jurors Because Gender Stereotypes are Exposed on Sitcoms & News Reports

Moreover, the Court agrees with the Minnesota Court of Appeals’ reasoning in Ray v. Miller Meester Advertising, Inc., 664 N.W.2d 355 (Minn.Ct.App.2003) wherein the court found that the trial court abused its discretion by admitting Dr. Borgida’s testimony because the … Continue reading

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Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 2 Comments

The Wonder State: Eastern District of Arkansas Finds Serious Flaw With Arkansas’ Rape Shield Rule

This Court views the case as illustrating a serious flaw in Arkansas’s criminal justice system, whereby Arkansas applies its rape shield statute in a broad and sweeping fashion without properly focusing on the constitutional rights of the accused. Jackson v. … Continue reading

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Memo to Yale Law School Professor Adam Cohen: “What Price Waterhouse did is like saying ‘nigger.’”

A member of the blogroll who has requested anonymity contributes the following post: Adam Cohen, who is apparently a law professor at Yale Law School, seems not to be familiar with the case of Hopkins v. Price Waterhouse, and that Cohen … Continue reading

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Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 4 Comments

Northern District of California Permits Defendants to Interrogate Title IX Plaintiff About Whether She Consented to Teacher’s Sexual Behavior When She Was 15

A plaintiff claims that she was 15 years-old when she was subjected to sexual molestation by her then 38 year-old teacher at a charter school.  Accordingly, she brings a Section 1983 action (1) against the school and its director/principal for failure to train and … Continue reading

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Naomi Schoenbaum on Elena Kagan’s “Post-Identity” Approach to Gender

Naomi Schoenbaum, a Bigelow Fellow at The University of Chicago Law School, has published "Post-Gender Justice: What Does Being a Woman Mean to Elena Kagan?" in The New Republic.  Here is an excerpt:   Kagan has been deemed a female … Continue reading

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Posted in Courts and the Judiciary, Firsts | 1 Comment

Declaration of Independence Thoughts: Kagan Hearing and (White Male) Philosophers

Adopted by the Continental Congress on July 4, 1776, the Declaration of Independence is the foundational text for the July Fourth "Independence Day" national holiday in the United States. Among the discussions of the document this year, two stand out.  … Continue reading

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Posted in Courts and the Judiciary, Feminist Legal History | 1 Comment

Demonstrably Durable: Indiana Case Reveals Indiana Courts Still Recognize Demonstrably False Accusation Exception To Rape Shield Rule

"Under common law, evidence of prior false allegations of sexual misconduct is admissible if the allegation was demonstrably false and similar to that with which the defendant was charged, or if the complaining witness has admitted that the prior accusation … Continue reading

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Ringhand on Supreme Court Nomination Process

Today’s New York Times has a long article (here) discussing the empirical work of Feminist Law Professor Lori Ringhand (University of Georgia) and her co-author Paul M. Collins, Jr. (Political Science, U. of N. Texas).  Here’s how the Times summarizes: … Continue reading

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2010 Status Update – Women and Legal Education

According to blogs in the legal academy, women did not fare well this year in the law school lateral hire market, with the majority of lateral moves being made by men. Further, Supreme Court clerkships are weighty credentials among academics … Continue reading

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Posted in Courts and the Judiciary, Law Teaching, The Underrepresentation of Women | 1 Comment

An all women Supreme Court?

It’s not impossible.   The Texas Supreme Court is a testament to the possibility.   It happened eighty-five years ago,   if only for a single case. In 1925, the Texas Governor appointed three women to fill all the positions … Continue reading

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Posted in Courts and the Judiciary, Feminism and Law, Feminist Legal History, If you're a woman, Legal Profession, The Underrepresentation of Women | 2 Comments

Invasion of Privacy: Court of Appeals of Texas Finds Trial Court Properly Excluded Evidence of Alleged Victim’s Prior Nonconsensual Sexual Acts Under Rape Shield Rule

Texas Rule of Evidence 412(a) provides that In a prosecution for sexual assault or aggravated sexual assault, or attempt to commit sexual assault or aggravated sexual assault, reputation or opinion evidence of the past sexual behavior of an alleged victim … Continue reading

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Posted in Acts of Violence, Coerced Sex, Courts and the Judiciary | Comments Off on Invasion of Privacy: Court of Appeals of Texas Finds Trial Court Properly Excluded Evidence of Alleged Victim’s Prior Nonconsensual Sexual Acts Under Rape Shield Rule

Where Are The Women? The Catholic University of America and its Law School’s Center for Law, Philosophy and Culture is hosting a womenless symposium on”The Nature of Judicial Duty: A Reflection on Philip Hamburger’s Law and Judicial Duty”on April 8-9, 2010.

The Symposium’s home page is here. The listed speakers include: Philip Hamburger (keynote), Richard A. Epstein, Emilio M. Garza, R.H. Helmholz, H. Jefferson Powell, Lloyd L. Weinreb and Michael P. Zuckert. –Ann Bartow

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Posted in Courts and the Judiciary, Feminism and Religion, The Overrepresentation of Men, The Underrepresentation of Women, Where are the Women? | Comments Off on Where Are The Women? The Catholic University of America and its Law School’s Center for Law, Philosophy and Culture is hosting a womenless symposium on”The Nature of Judicial Duty: A Reflection on Philip Hamburger’s Law and Judicial Duty”on April 8-9, 2010.

If SCOTUS Opinions Don’t Use Gender-Neutral Language, Why Should Any Lawyer?

Leslie Rose (Golden Gate) has posted to SSRN her article, The Supreme Court and Gender-Neutral Language: Setting the Standard or Lagging Behind (forthcoming Duke J. of Gender Law & Policy).  Here is the abstract: Most modern legal writing texts and … Continue reading

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Posted in Courts and the Judiciary, Legal Profession, Sociolinguistics | 1 Comment

Is there a gendered difference in how long it takes someone to become a “real” citizen?

That’s not exactly the question in Flores-Villar v. United States, a case in which the Court granted cert. today.   But the case does involve a statute which provided a gender differential for unmarried mothers and unmarried fathers regarding the … Continue reading

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Take the Power and Do Justice, Urges Family Court Judge

The Honorable Kathie E. Davidson Today, the Women’s Association of Law Students at my school (Pace)  celebrated the achievements of The Honorable Kathie E. Davidson, the Supervising Judge of the (New York State) Ninth Judicial District Family Courts.   In … Continue reading

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Coyote Publishing v. Ross Miller: 9th Circuit Upholds Restrictions on Ads for Prostitution

The opinion is available here. The ads at issue were characterized as “pure commercial speech.” Below are two excerpts in which the court explains the ways that legalized prostitution drives the demand for sex slaves and sex trafficking: The federal … Continue reading

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Posted in Coerced Sex, Courts and the Judiciary, Feminism and Law, Human Trafficking | Comments Off on Coyote Publishing v. Ross Miller: 9th Circuit Upholds Restrictions on Ads for Prostitution

The Rape Sieve Rule?: According to Dissent, Opinion Abrogates Every Rape Shield Statute in the Sixth Circuit

Some 35 years ago, the Michigan state legislature determined that a criminal defendant accused of rape may not introduce evidence about the victim’s past sexual behavior, because the victim’s past willingness is not relevant to the question of present consent. … Continue reading

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On the Silence of Justice Thomas

This article discusses the fact that Justice Thomas has not asked a question during oral argument for about four years, and has been mostly quiet his entire time on the SCOTUS bench. It notes that a recent graduate of the … Continue reading

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Race and Gender Matter — Is This Surprising?

The ABA Journal reports (here) that “Race & Gender of Judges Make Enormous Difference in Rulings, Studies Find.”  Is this surprising to anyone? The academic studies that inspired the ABA Journal article (and a panel discussion at the ABA Midyear … Continue reading

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Residual Value: Nevada Case Reveals Potential Usefulness of Residual Hearsay Exception to Gender and Race Discrimination Plaintiffs

Federal Rule of Evidence 807 provides an exception to the rule against hearsay for A statement not specifically covered by Rule 803 or  804 but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the … Continue reading

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“And after Wellons was convicted and sentenced to die, jurors presented the female judge with a gift of “chocolate shaped as male genitalia,” as the Supreme Court recounted it. If that were not enough, they gave the bailiff a chocolate gift “shaped as female breasts.””

Today in SCOTUS Death Penalty jurisprudence: The Supreme Court concluded that a chocolate penis given by the jurors to the judge “raised serious questions concerning the conduct of the trial.” Ya think? See the Supreme Court ruling granting cert. See … Continue reading

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Posted in Courts and the Judiciary, Feminism and Law | Comments Off on “And after Wellons was convicted and sentenced to die, jurors presented the female judge with a gift of “chocolate shaped as male genitalia,” as the Supreme Court recounted it. If that were not enough, they gave the bailiff a chocolate gift “shaped as female breasts.””

The Sexual Innocence Inference Theory: Fact or Fiction? A Spotlight on the Special Concurrence In the Court of Appeals of Idaho’s Recent Opinion in State v. Molen

You are a juror in the prosecution of a step-grandfather for lewd conduct with a minor, the minor being his eight or nine year old step-granddaughter, with whom he allegedly had genital-to-genital contact. The step-granddaughter has just testified to sexual … Continue reading

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Posted in Coerced Sex, Courts and the Judiciary | 3 Comments

Article of Interest: Diversity and Discrimination: A Look at Complex Bias by Minna Kotkin

Back in September, I posted an entry about the Seventh Circuit’s failure to recognize a “sex plus” or “gender plus” theory of discrimination in its recent opinion in Coffman v. Indianapolis Fire Dept., 2009 WL 2525762 (7th Cir. 2009), a … Continue reading

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Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace, Feminist Legal Scholarship | Comments Off on Article of Interest: Diversity and Discrimination: A Look at Complex Bias by Minna Kotkin

Article of Interest — A Matter of Context: Social Framework Evidence in Employment Discrimination Class Actions by Professors Hart and Secunda

Over the past half-century it has become commonplace for courts and commentators to distinguish two uses of social science in law. Social science is said either to prove ‘legislative facts’ that concern general questions of law and policy, or to … Continue reading

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Posted in Academia, Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 2 Comments

The Wrong Stuff: Middle District of Florida Seemingly Revives Narrow, Pre-Burlington Reading of Title VII’s Antiretaliation Provision in Action Against NASA

You are an employee at NASA at the Kennedy Space Center (KSC). In 2004, you file an informal complaint with the EEOC for discrimination and harassment, alleging that your superior sent e-mails to you and others in your department containing … Continue reading

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Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 1 Comment

Three teenaged boys gang rape a 15 year old girl and get probation.

The 15 year girl gets blamed for drinking alcohol, which somehow caused the boys to lock her in a bathroom and rape her, according to the judge. The boys are even permitted to return to their high school. According to … Continue reading

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Posted in Acts of Violence, Courts and the Judiciary, Feminism and Law | 2 Comments

Deputies Caught Stealing Documents From Defense Attorney During Court Proceeding

From this article: …The tape shows Stoddard walking to the defense table during a sentencing that day. He leans over the table and begins reading from a document in the file of defense attorney Joanne Cuccia, who was speaking before … Continue reading

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But It Was Only A Fantasy: North Carolina Opinion Reveals Troubling Exception to the State’s Rape Shield Rule

Rape shield rules prevent the defendant from presenting evidence regarding the alleged victim’s other sexual behavior and sexual predisposition to prove that she consented to the sexual act at issue. Typically, these rules contain three exceptions. First, a defendant can … Continue reading

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You’ve Got Mail: Eastern District of Pennsylvania Finds Plaintiff’s E-Mails Admissible In Sexual Harassment Case Despite Rape Shield Rule

A woman sues her employer, claiming, inter alia, sexual harassment based on an arguably hostile work environment. Specifically, she claims that her superior stared at her breasts on two separate occasions and made the following comment to her, with regard … Continue reading

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Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 5 Comments

The Wal-Mart Effect: Supreme Judicial Court of Massachusetts Reinstates Punitive Damages Award in Gender Discrimination Action Against Wal-Mart

A plaintiff brings an action against her former employer for discrimination. That action seeks punitive as well as compensatory damages. The plaintiff does not have evidence that the employer acted with knowledge that its conduct violated the terms of the … Continue reading

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Posted in Courts and the Judiciary, Employment Discrimination, Feminism and the Workplace | 2 Comments