Category Archives: Feminism and Law

CFP: Inheritance and Inequality – Drexel Law Review

Announcement of Conference Symposium and Call for Proposals Inheritance and Inequality Fifth Biennial Conference on Critical Trusts & Estates and Symposium of the Drexel Law Review Expressions of interest due May 1, 2024 Program September 27-28, 2024, Philadelphia, PA We are pleased to … Continue reading

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What are the “Most Important and Discussed Feminist Issues Currently”?

On a Women’s Studies listserv, one poster recently asked for subscribers’ thoughts on “the most important and discussed feminist issues currently.” Writer Katha Pollitt responded  as follows (reprinted with permission): I think the major feminist issues are the same as … Continue reading

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#Menopause as a Lens for Evaluating the Intersections of Ageism & Sexism & Racism

What started off a few years ago as an investigation of state sales taxes on menstrual products has taken my work in many unexpected directions. My colleague Emily Gold Waldman (Pace) and I have combined forces (and expertise) to write … Continue reading

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Title IX’s Prohibition of Discrimination “on the Basis of Sex” Prohibits Discrimination on Basis of Gender Identity or Sexual Orientation

In an anticipated (but not surprising) memorandum, the U.S. Department of Justice, Civil Rights Division, has issued guidance (here) to federal agencies on the applicability of Bostock v. Clayton County, 140 S. Ct. 1731 (2020) to Title IX. Here is … Continue reading

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Jennifer Weiss-Wolf, “The Fight for Menstrual Equity Continues in 2021”

Jennifer Weiss-Wolf (NYU Brennan Center and Period Equity) has published a new op-ed in Marie Claire. Here’s what she calls “the five menstrual equity policies we should commit to fighting for in 2021:” End the Tampon Tax Across the U.S. … Continue reading

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New Article: “Period Poverty in a Pandemic: Harnessing Law to Achieve Menstrual Equity”

Emily Gold Waldman (Pace) and I have posted to SSRN a draft of our article Period Poverty in a Pandemic: Harnessing Law to Achieve Menstrual Equity, 98 Wash. U. L. Rev. (forthcoming 2021). Here is the abstract: Period poverty is … Continue reading

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CFP Columbia Journal of Gender & Law Symposium, “Are You There, Law? It’s Me, Menstruation.”

Columbia Journal of Gender & Law Symposium Announcement and Call for Papers Are You There, Law? It’s Me, Menstruation April 9, 2021 The Columbia Journal of Gender & Law is pleased to announce a call for papers for its Spring … Continue reading

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Bra-Gate: A 2019 Tale of Institutional Misogyny (@JCSherriffOffice)

by JoAnne Sweeny Back in May 2019, the Jackson County Detention Center, without any warning to local attorneys, instituted a new security policy that requires all visitors, including inmates’ attorneys, to pass through a metal detector.  Seems reasonable in theory … Continue reading

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CFP: Gender Justice-Theoretical Practices of Intersectionality

CFP for Essay Collection Title: Gender Justice: Theoretical Practices of Intersectional Identity Series: Law, Culture and Humanities (Farleigh Dickinson U Press) This essay collection examines how gender, as a category of identity, must continually be understood in relation to how … Continue reading

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Race-ing Justice, En-Gendering Power: Black Lives Matter, #MeToo and the Role of Intersectional Legal Analysis: Symposium @WisconsinLaw J. L., Gender & Soc’y

Today at the University of Wisconsin, the Journal of Law, Gender & Society is hosting a symposium on “Race-ing Justice, En-Gendering Power: Black Lives Matter, #MeToo and the Role of Intersectional Legal Analysis: Symposium.” Here is the program description: Recent … Continue reading

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Formal Equality on (Literal) Paper: Why Does the Man’s Name Go First on German Tax Returns?

The German publication Zeit Online recently published an article (here) critiquing a variety of gender disparities in German law. One that caught my eye was this discussion of the literal design of German tax forms: Frauen werden in Familienbüchern und … Continue reading

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Harming Women with Words: The Failure of Australian Law to Prohibit Gendered Hate Speech @latrobelaw

Tanya D’Souza, Supreme Court of Victoria, and Laura Griffin, Nicole Shackleton, and Danielle Watt, all of La Trobe Law School, have published Harming Women with Words: The Failure of Australian Law to Prohibit Gendered Hate Speech at 41 UNSW Law … Continue reading

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Women’s Court of Canada Act and Rules @IISJOnati

Melinda Buckley is publishing Women’s Court of Canada Act and Rules in the Oñati Socio-Legal Series. Here is the abstract in English and Spanish. English Abstract: This paper explores the issue of how a feminist court could operate through the … Continue reading

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Murray on “Epistemic Injustice in Puerto Rico”

Yxta Maya Murray (Loyola LA) has posted to SSRN her article “FEMA Has Been a Nightmare”: Epistemic Injustice in Puerto Rico, forthcoming in the Willamette Law Review.  Here is the abstract: The continuing disaster in Puerto Rico, caused by the … Continue reading

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CFP: Literature and International Law at the Edge

From the FLP mailbox: Call for Papers: Literature and International Law at the Edge New York City, December 14/15, 2018 Abstracts/proposals due by October 31, 2018 The past decade has seen a steady increase in interdisciplinary scholarship interested in the … Continue reading

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Gambert and Linné on “The Disruptive Possibilities of Plant Milk”

Feminist Law Prof Iselin Gambert (GW) and Tobias Linné (Lund University) have posted to SSRN their article Got Mylk? The Disruptive Possibilities of Plant Milk, forthcoming in the Brooklyn Law Review (2019). Here is the abstract: Milk is one of … Continue reading

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Judging Politeness At the SCT

Scholars Tonja Jacobi and Dylan Schweers have already examined the phenomenon of who interrupts whom among the Supreme Court Justices, noting that to a fairly large extent we can correlate interruptions during SCT oral arguments to sex  and seniority, for example. … Continue reading

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Murray on “Editing the Wiktionary for ‘Female'”

Yxta Maya Murray (Loyola-LA) has posted to SSRN her essay Editing the Wiktionary Entry for “Female,” Berkeley J. Gender, Law & Justice.  It is one essay in a series of pieces about “legal fictions” and the intersections of law, language, … Continue reading

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New Book on “Making Milk: The Past, Present and Future of Our Primary Food,” Cohen & Otomo, eds.

Mathilde Cohen (U Conn) and Yoriko Otomo (SOAS, University of London) have published an edited volume, Making Milk: The Past, Present and Future of Our Primary Food (Bloomsbury, 2017). Here is the publisher’s description: What is milk? Who is it … Continue reading

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You Might be Able to Buy Tampons (and Gym Memberships) with Pre-Tax Dollars

Representative Grace Meng (D-NY) led the way in getting menstrual hygiene products included on an expanded list of products for which flexible spending account funds can be used under H.R. 6199, Restoring Access to Medication and Modernizing Health Savings Accounts … Continue reading

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Thomas on Leveling Down Gender Equality

Tracy A. Thomas, University of Akron School of Law, is publishing Leveling Down Gender Equality in volume 42 of the Harvard Journal of Law and Gender (2018). Here is the abstract. The U.S. Supreme Court in Sessions v. Morales-Santana (2017) … Continue reading

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Tenzer on #MeToo, Statutory Rape Laws, and the Persistence of Gender @ProfLGTenzer

Leslie Y. Garfield Tenzer, Pace University School of Law, has published #MeToo, Statutory Rape Laws, and the Persistence of Gender. Here is the abstract. In the late 1970’s and early 1980’s, feminists pushed for reform of statutory rape laws. At … Continue reading

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Funny/Not Funny Parody of Non-Disclosure Agreement in Sexual Harassment Cases

Feminist law prof Yxta Maya Murray (Loyola-LA) has published with the LA Review of Books a “Leaked Non-Disclosure Agreement Between [Name Redacted] and [Name Redacted] International.” Here is an excerpt: The Releasee understands that the Releasor may disclose via screaming … Continue reading

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Are Female Babies Worth “Less” Than Male Babies?

Lawrence Spizman (SUNY Oswego, Economics) has posted to SSRN a new paper Damages to a Child and the Fair Calculations Act. Here is the abstract: The Fair Calculations Act introduced in the House of Representatives (H.R.6417) and Senate(S.3489) seeks to … Continue reading

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Drew On Limiting Criminal Law’s Influence on the Title IX Process @margaretbdrew

Margaret B. Drew, University of Massasschusetts School of Law, is publishing It’s Not Complicated: Limiting Criminal Law’s Influence on the Title IX Process in the Tennessee Journal of Race, Gender, and Social Justice. Here is the abstract. Title IX processes … Continue reading

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Kotkin on “How the Legal World Built a Wall of Silence Around Workplace Sexual Harassment”

Blogroll member Minna Kotkin (Brooklyn) has a fantastic op-ed in today’s WaPo, with the headline “How the Legal World Built a Wall of Silence Around Workplace Sexual Harassment.” Here is an excerpt: Less than 3 percent of employment discrimination cases … Continue reading

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A Review of a New Book On the Movement To Pass the Equal Rights Amendment

Linda Greenhouse reviews Marjorie J. Spruill’s new book Divided We Stand: The Battle Over Women’s Rights and Family Values That Polarized American Politics (Bloomsbury, 2017) here, for the New York Review of Books. 

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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

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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

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Cassandra Steer on “Why Wonder Woman matters”

Over on IntLawGrrls, Dr. Cassandra Steer of McGill University’s Faculty of Law and a Visiting Fellow with McGill’s Centre for Human Rights and Legal Pluralism has posted this analysis inspired by international law and UN Security Council resolution 1325 of the film Wonder … Continue reading

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Feldman and Gill on Gender and Oral Argument at the U.S. Supreme Court @AdamSFeldman

Adam Feldman, Columbia University Law School and University of Southern California Political Science, and Rebecca D. Gill, University of Nevada, Law Vegas, have published Echoes from a Gendered Court: Examining the Justices’ Interactions During Supreme Court Oral Arguments. Here is … Continue reading

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Nasty Women and the Rule of Law @woolleylaw

Alice Wooley, University of Calgary School of Law, and Elysa Darling are publishing Nasty Women and the Rule of Law in the University of San Francisco Law Review. Here is the abstract. Lawyer bashing is a robust and accepted social … Continue reading

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Vocally Fried: Stereotypes, Nonverbal Behavior, and Societal Bias Against Women Attorneys

Michael J. Higdon, University of Tennessee College of Law, is publishing Oral Advocacy and Vocal Fry: The Unseemly, Sexist Side of Nonverbal Persuasion in volume 13 of Legal Communication & Rhetoric: JALWD (2016). Here is the abstract. In 2015, Naomi … Continue reading

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Interview with Laura Strausfeld, New York Attorney Challenging the “Tampon Tax”

Bridget J. Crawford recently spoke with Laura Strausfeld of Period Equity, a non-profit organization located in New York City focused on all aspects of menstrual fairness. Ms. Strausfeld developed a key legal strategy used in the New York case that … Continue reading

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Free ABA Telecast – “The Tax Code and Income Inequality: Limitations and Political Opportunities”

The ABA Section of Civil Rights and Social Justice is hosting this free teleconference, co-sponsored with the ABA Section on Taxation. Feminist Law Prof Francine Lipman (UNLV) is one of the featured speakers. FREE TELECONFERENCE* The Tax Code and Income … Continue reading

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MacLean, Verrelli, and Chambers on the Battered Woman Defense and the Canadian Supreme Court’s Ruling in R. v. Ryan

Jason MacLean, Lakehead University Faculty of Law, Nadia Verrelli, Laurentian University, and Lori Chambers, Lakehead University, are publishing Battered Women Under Duress: The Supreme Court of Canada’s Abandonment of Context and Purpose in R. v. Ryan in volume 28 of … Continue reading

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Feminist Judgments: Rewritten Tax Opinions – Potential Cases

bumping to the front; February 29 deadline Cases that applicants to Feminist Judgments: Rewritten Tax Opinions may wish to consider (not an exhaustive list; all tax-related cases are appropriate for rewriting): U.S. v. Rickert, 188 U.S. 432 (1903) (tribal trust … Continue reading

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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

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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

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A Legislative History of Illegitimacy In British Columbia

Susan B. Boyd, University of British Columbia Faculty of Law, and Jennifer Flood, Thorsteinssons LLP, have published Illegitimacy in British Columbia, Saskatchewan, Ontario, and Nova Scotia: A Legislative History. Here is the abstract. Over time, provincial legislation in Canada modified … Continue reading

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The Gendered Nature of Canada’s Witchcraft Law

Here’s an interesting piece on Canadian witchcraft law. Natasha Bakht, University of Ottawa, Common Law Section, and Jordan Palmer, University of Ottawa, Faculty of Law, have published Modern Law, Modern Hammers: Canada’s Witchcraft Provision as an Image of Persecution at … Continue reading

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Harvard Law School Studies Its Grads: 1975 To Date

Bloomberg BNA is highlighting a new Harvard Law School study of its grads over the past 40 years. Findings? That: On the one hand, the number of women entering the profession has increased dramatically in recent decades, and women lawyers … Continue reading

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The Debate Over Provocative Dress

Jessica Wolfendale, West Virginia University, Philosophy Department, is publishing Provocative Dress and Sexual Responsibility in the Georgetown Journal of Gender and the Law. Here is the abstract. Numerous studies have found that many people believe that a provocatively dressed woman … Continue reading

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Equality and Non-Discrimination under International Law

For those who might be interested, here is a link to the introductory chapter in a volume of collected works on the subject published this year by Ashgate, part of a five-volume series on International Human Rights: Equality and Non-Discrimination under International … Continue reading

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CFP: National Women’s Studies Association’s Lesbian Caucus, November 12-15, 2015

From the Lesbian Caucus of the National Women’s Studies Association: The Lesbian Caucus of the National Women’s Studies Association invites submissions for a sponsored session on “The Revolutionary Lesbians of the 1970s,” to be held at the annual conference in … Continue reading

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Heen, “Nondiscrimination in Insurance: The Next Chapter”

Mary Heen (Richmond) has posted to SSRN her article, Nondiscrimination in Insurance:  The Next Chapter,  49 Georgia L. Rev. 1 (2014).  Here is the abstract: For nearly 150 years, American insurance companies have engaged in race and gender pricing practices … Continue reading

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Cost of Child Care is a Feminist Issue

Writing for the Berkeley alumni magazine, author Tamara Straus asks, “What Stalled the Gender Revolution? Child Care That Costs More Than College Tuition.” Here is an excerpt: Vox reported in August that child care costs are growing at nearly twice … Continue reading

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Ninth Circuit says “Failure to Warn” Action Against Website that Allegedly Faciliated Rape Not Barred By Section 230 of the CDA

From the opinion: “Model Mayhem is a networking website, found at modelmayhem.com, for people in the modeling industry. Plaintiff Jane Doe, an aspiring model who posted information about herself on the website, alleges that two rapists used the website to … Continue reading

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The Federalism In Family Law

Courtney G. Joslin, University of California, Davis, School of Law, is publishing Windsor, Federalism, and Family Equality in the Indiana Law Journal. It is also available as UC Davis Legal Studies Research Paper No. 394. Here is the abstract. The … Continue reading

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Canadian Journal of Women and the Law Welcomes a New English Language Editor

From the mailbox: Canadian Journal of Women and the Law/Revue Femmes et Droit welcomes a new English language editor, Natasha Bakht.Co-editorship of the CJWL is currently shared by Associate Professor Natasha Bakht from the Faculty of Law at University of … Continue reading

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