Category Archives: Feminism and Law

Catharine MacKinnon, “The Recognition of Rape as an Act of Genocide – Prosecutor v. Akayesu”

Two related articles are accessible here. Via IntLawGrrls.

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Sue Magazine

One of the feature articles in the first issue is titled: Where are the Female Litigation Blawgers? Avoiding the omnipresent Bully Boys of the Blawgosphere, probably. The Sue Magazine homepage is here. –Ann Bartow

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Bettie Page, and seeing only what you want to see.

In recent months I’ve read a number of posts at various feminist blogs discussing race and class issues with respect to wet nurses, nannies, maids, and natal surrogates.   There seems to be a rough consensus that exploiting the bodies … Continue reading

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William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 Passes House and Senate, But Offers Less Protection To Victims Compared with the 2007 House Version.

And the impetus for watering down the bill was of course Joe Biden, in collusion with Sam Brownback. The text of the 2008 version of the bill can be found here. The major changes in the 2008 version were in … Continue reading

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Carol Sanger, “Seeing and Believing: Mandatory Ultrasound and the Path to a Protected Choice”

Abstract: Several state legislatures now require that before a woman may consent to an abortion, she must first undergo an ultrasound and be offered the image of her fetus. The justification is that without an ultrasound, her consent will not … Continue reading

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Posted in Feminism and Law, Feminism and Science, Reproductive Rights | 1 Comment

AT&T v. Hulteen Argument Preview

The ACSBlog has a good review of the pregnancy discrimination case that the Supreme Court will hear later this morning.   As laid out in the summary, the issue is too similar to Ledbetter v. Goodyear Tire & Rubber Co. … Continue reading

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Tomorrow the Supreme Court will hear oral argument in the case, AT & T v. Hulteen — the case revolving around the interpretation of the scope of gender discrimination and pregnancy discrimination in employment under Title VII and the Pregnancy Discrimination Act.

From Dionne Scott at the Center for Reproductive Rights: Four women who entered the workforce prior to the enactment of the Pregnancy Discrimination Act (PDA) are disputing AT & T’s calculation of their pensions. That calculation was based on a … Continue reading

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Master/Servant: IP/Surrogate

[This is cross-posted from my own blog, Related Topics.   You don’t need to know about the thread I have been following, but you are of course welcome to go and look.] I am interrupting my own thread because there … Continue reading

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Noting the Passing of Jan Kemp, UGA Athletics Whistleblower

From The Atlanta Journal-Constitution: Jan Kemp, the controversial former English professor at the University of Georgia who blew the whistle on preferential treatment afforded to student athletes, passed away Friday of complications from Alzheimer’s Disease. She was 59. Named a”hero … Continue reading

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Gender and Asylum: Reforming U.S. Law; and Recognizing the Difficulty of Internal Relocation for Women

On the topic of the intersection of gender and refugee law, two recent (admittedly unrelated) reports caught my eye.  The first:  Human Rights First released “How to Repair the U.S. Asylum System:  Blueprint for the Next Administration.” Among the several … Continue reading

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FGM and Asylum

Useful overview here.

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The Feminist Majority Political Action Committee has endorsed Rep. Carolyn Maloney (D-NY) to fill the US Senate seat being vacated by Sen. Hillary Rodham Clinton.

Press release here. With Biden out of the Senate, the William Wilberforce Trafficking Victims Protection Reauthorization Act has a better chance of making it to the floor of the Senate. Elevating Rep. Maloney to the Senate would improve the bill’s … Continue reading

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Obama: Ratify the Women’s Convention Soon

Nearly 30 years after President Jimmy Carter signed the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the United States remains the only democracy that refuses to ratify the most significant treaty guaranteeing gender equality. One … Continue reading

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Sex Trafficking Arrest in Nashville

From here: Arturo Perez and Jesus Garcia are charged with promoting prostitution and trafficking for sexual servitude after police said they would make the 22-year-old from Mexico City have sex with up to seven men a day. To make her … Continue reading

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Title IX Oral Argument Yesterday

Yesterday, the Supreme Court heard oral argument in Fitzgerald v. Barnstable School Community.   I wrote about the case Monday, mentioning that I was going to DC for the arguments.   Unfortunately, because of the quality of the lawyering, the … Continue reading

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Title IX and the Equal Protection Clause

On Tuesday, the Supreme Court will hear arguments in Fitzgerald v. Barnstable School Committee.   The issue in the case is whether Title IX precludes a litigant from suing under the Equal Protection Clause as well.   Despite the fact … Continue reading

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Catharine A. MacKinnon has been appointed Special Gender Adviser to the Prosecutor of the International Criminal Court

From here: Prof. Catharine A. MacKinnon was appointed as Special Gender Adviser to the Prosecutor of the International Criminal Court. She will provide strategic advice to his Office on sexual and gender violence, an area where expertise is required under … Continue reading

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Kimberly Mutcherson, “Making Mommies: Law, Pre-Implantation Genetic Diagnosis, and the Complications of Pre-Motherhood”

The abstract: The article focuses on pre-implantation genetic diagnosis (“PGD”), a technology that allows health care providers and potential parents to screen embryos for a range of characteristics prior to implanting them in a woman’s uterus. Many potential parents use … Continue reading

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“Porn in a flash”

That’s the title of this recent Salon article. Here’s the first paragraph: On a warm summer day two years ago, a 16-year-old girl put on a skirt and headed to the SuperTarget in her hometown of Tulsa, Okla. As she … Continue reading

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“Alex Kozinski, chief judge of the U.S. Court of Appeals in San Francisco, was accused in a complaint by a retired court executive of breaking into a judicial computer security system in 2001 to restore access to pornographic Web sites.”

Detailed account by Cynthia Cotts at Bloomberg News here. Below is an excerpt: Ralph Mecham, who headed the Administrative Office of the U.S. Courts in Washington for 21 years until retiring in 2006, made the allegations in a Nov. 24 … Continue reading

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The makers of a prosthetic penis to help men cheat on drugs tests have pleaded guilty to two charges of conspiracy in a US federal court.

From the BBC: The two men, George Wills and Robert Catalano, had been selling the device – known as the Whizzinator – over the internet for three years. The device was sold with a heating element and fake urine to … Continue reading

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Discrimination Case Against eHarmony Proceeds as Class-Action in California

From PC Magazine: The day after online dating site eHarmony reached a settlement with the New Jersey attorney general’s office regarding gay and lesbian customers, a California Superior Court judge ruled that a separate case could proceed as a class-action. … Continue reading

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French Court Rules Virginity is Not an “Essential Quality” of a Bride

Details here at IntLawGrrls.

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Nationwide Coordinated Protests Against California’s Proposition 8 Tomorrow!

More general information here. The Columbia, SC incarnation convenes at the State House at 1:30 pm. -Ann Bartow

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Sheila Jeffreys, “The Industrial Vagina: The political economy of the global sex trade”

From the publisher’s website: The industrialization of prostitution and the sex trade has created a multibillion-dollar global market, involving millions of women, that makes a substantial contribution to national and global economies. The Industrial Vagina examines how prostitution and other … Continue reading

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Women and Intellectual Property law, a dialogue

An account of a fabulous round table discussion I took part in last week in Toronto, sponsored by Osgood Hall Law School (more precisely IP Osgoode, the Institute For Feminist Legal Studies, and Putting Theory To Practice (An International Speakers … Continue reading

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“As More Male Lawyers Use Flextime, its Acceptance Increases”

That’s this title of this article in the ABA Journal, below is an excerpt: More men are using flextime, even though it started as an accommodation for working mothers, according to Jennifer Halliday, the head of human resources at Arent … Continue reading

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Robert L. Nelson, ­Ellen C. Berrey and ­Laura Beth Nielsen, “Divergent Paths: Conflicting Conceptions of Employment Discrimination in Law and the Social Sciences”

The abstract: Legal conceptions of employment discrimination have become increasingly narrow over the past two decades as the law has adopted a”perpetrator”model of discrimination that emphasizes purposeful intent. This tendency runs counter to social scientific research that documents the pervasiveness … Continue reading

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Rights of domestic violence abusers to own guns being considered by the Supreme Court

The case is U.S. v. Hayes, and the Court has been asked to rule on a Justice Department appeal asking for clarification of the federal law that criminalizes gun possession for people convicted of misdemeanor domestic violence. Via Sentencing Law … Continue reading

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Brand New Blog by Lolita Buckner Inniss: “Ain’t I a Feminist Legal Scholar Too?”

Find it here!

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Malcolm M. Feeley and Hadar Aviram, “Where Have All the Women Gone? The Decline of Women in the Criminal Justice Process”

Abstract: This project sets out to refute the common criminological assumption that women have always constituted a negligible percentage of those subjected to the criminal justice process. Using a variety of primary and secondary datasets drawn from dozens of European … Continue reading

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Jennifer S. Hendricks, “Instead of ENDA, A Course Correction for Title VII”

Here is the beginning: The LGBT community may soon win a legal victory that has been decades in the making: passage of the Employment Non-Discrimination Act (ENDA). As passage of the bill becomes more likely, debates about how much to … Continue reading

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Joan MacLeod Heminway and Sarah White, “WANTED: Female Corporate Directors (A Review of Professor Douglas M. Branson’s No Seat at the Table)”

Abstract: In his 2007 book No Seat at the Table, Professor Douglas Branson aptly describes how patterns of male dominance inherent in the legal structures of corporate governance reproduce themselves again and again to keep women out of executive suites … Continue reading

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Remember When Kozinski Called For The Investigation Into His Porn Site? Looks Like Something Fishy Is Going Down.

From Bloomberg News: San Francisco Court Puts Kozinski Complaint on Hold (Update1) By Cynthia Cotts Nov. 5 (Bloomberg) — An ethics committee of the federal appeals court in San Francisco issued an order to stop an investigation of a lawyer’s … Continue reading

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Another Overview of William Wilberforce Trafficking Victims Protection Reauthorization Act (the TVPRA)

This is the Statement of Jessica Neuwirth, President of Equality Now, to the New York City Council 6/11/08: I want to start by thanking the New York City Council for this opportunity to testify on the subject of the William … Continue reading

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Can you spot the Feminist Law Prof in this portion of a photo of the 1991 Harvard Law Review?

On the far left is Jim Chen, Feminist Law Prof and Dean of the University of Louisville School of Law. On the far right is Georgetown Law Prof and widely cited copyright law scholar Julie Cohen. That guy in the … Continue reading

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Crime, Punishment, Race and Child Pornography

Doug Berman asks: Is there an ivy-leaguer exception to federal child porn charges?

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More Coverage of the FBI Freeing Sex Trafficked Children, But Arresting Likely Victims Over 18

From CNN: … In the three-day operation, which began Thursday night, the FBI, along with local and state law enforcement agencies, took the 46 girls and one boy — all of them U.S. citizens ages 13 to 17 — into … Continue reading

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Women Pay A Lot More Than Men For Health Insurance, Even When Childbirth Isn’t Covered.

NYT story here. Below are a couple of short excerpts: … Insurers say they have a sound reason for charging different premiums: Women ages 19 to 55 tend to cost more than men because they typically use more health care, … Continue reading

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If You Live in California, Vote No on Proposition 8

From this Feminist Law Prof co-authored Op-Ed: Fifty years from now, we will surely look back, with shame, at society’s mistreatment of people who are lesbian, gay, bisexual and transgendered (“LGBT”). It is an unfortunate feature of democracies that the … Continue reading

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American Law Institute Shows Outstanding Judgment And Elects Professor Bridget J. Crawford as Member

Official story here, which notes: “Election to the ALI is considered one of the highest honors in the legal profession.” No doubt it was her terrific blogging here that clinched her election. The following was probably also helpful: Professor Crawford’s … Continue reading

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Samantha Bee on John McCain, Abortion, and Women’s Health

When I get back from paternity leave next week, I’ll start posting more substantive items again, but in the meantime, here’s a great clip from the Daily Show earlier this week.   In it (starting at about 2:50 – although … Continue reading

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New Study Documents Sharp Rise in Pregnancy Discrimination Complaints, Driven by Discrimination Against Women of Color

From The National Partnership for Women & Families: In 2007, working women in the United States filed 65 percent more complaints of pregnancy discrimination with the Equal Employment Opportunity Commission (EEOC) than they filed in 1992. A sampling of these … Continue reading

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47 children were rescued in a mass arrest targeting pimps who forced children into prostitution, but 518 adult prostitutes were arrested.

Story here. Below is an excerpt: … The FBI said the roundup by federal, state and local law enforcement occurred in 29 cities, adding that the raids dismantled 12 large-scale prostitution operations run through call services, truck stops, casinos and … Continue reading

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Call for Papers: Cardozo Journal of Law and Gender Symposium

What to Expect: Legal Developments and Challenges in Reproductive Justice February 25, 2009 This symposium issue of the Cardozo Journal of Law and Gender will address the changing legal status of reproductive rights and the development of new problems, challenges, … Continue reading

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Losing the War on Teen Pregnancy?

Obscured in the hoopla surrounding Sarah Palin’s personal family values is the fact that we are losing the war on teen pregnancy and trapping another generation of the most vulnerable women and children in poverty. After dramatic successes in the … Continue reading

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No on California’s Prop. 4 mandating parental notification

… Californians will soon be voting on a ballot measure that would endanger teens by mandating parental notification 48 hours in advance of a minor terminating a pregnancy, this is Prop. 4. By now, you’ve probably read all about the … Continue reading

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The “Culture War” re: Prop. 8 in California

As a native of Oakland, California, this video makes me really sad. As much as I love California, I don’t think I could stomach being there right now. –Sharon Sandeen

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“Red Sex, Blue Sex: Why do so many evangelical teen-agers become pregnant?”

That’s the title of this New Yorker article by Margaret Talbot, which mentions Feminist Law Profs Naomi Cahn and June Carbone prominently, as you can see in the excerpt below: Among blue-state social liberals, commitment to the institution of marriage … Continue reading

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The “Opt Out Revolution” 5 Years Later

On Friday, October 24, 2008, Lisa Belkin was the keynote speaker at a conference at Pace Law School on “Women and the Law: How Far We’ve Come and Where We Need to Go.”  I was a fan of Belkin’s “Life’s … Continue reading

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