Category Archives: Feminism and Law

Federal Appeals Court to Hear Argument in Virginia’s Abortion Ban Case on Tuesday, October 28, 2008 at 8:15 a.m.

From The Center for Reproductive Rights: Oral argument will be heard at the U.S. Court of Appeals for the Fourth Circuit in the case Richmond Medical Center for Women v. Herring. The Center for Reproductive Rights will be arguing against … Continue reading

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Robert Jensen, “Porn’s Dirty, Dangerous Secret”

Below are the first couple of paragraphs from his essay: There are a finite number of ways that human bodies can be placed together sexually, and as one pornography industry veteran lamented to me at the annual trade show, “they’ve … Continue reading

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Catharine MacKinnon’s Endorsement of Obama

Professor Catharine MacKinnon’s editorial endorsing Barack Obama appears in today’s Wall Street Journal (of all places!).   It is titled “Obama is the Way Forward for Women: Abortion Rights and Equal Pay Are at Stake in the Election” and focuses … Continue reading

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Is District of Columbia v. Heller like Roe v. Wade?

Two federal judges apparently think so. From the NYT: Two prominent federal appeals court judges say that Justice Antonin Scalia’s majority opinion in the case, District of Columbia v. Heller, is illegitimate, activist, poorly reasoned and fueled by politics rather … Continue reading

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Women for McCain

Comedian Katie Halper has made a compelling spoof video entitled “Women for McCain.”   It’s worth watching and sending to anyone you know who cares about women’s rights but also might be thinking about voting for McCain: Women for McCain … Continue reading

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The Sexual Exploitation of Women Dramatized and Documented

Trade is a movie that dramatizes sex trafficking. The movie’s web site asserts: The practice of slavery in the US is something most people think ended with the 13th Amendment in 1865, but in recent years it has returned in … Continue reading

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Against Mandatory Guardasil Vaccinations

Read:The State Can Violate Women’s Bodies if They Want  to At WoC Phd.

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“Islamic law has been officially adopted in Britain, with sharia courts given powers to rule on Muslim civil cases.”

That’s the first sentence of this article from the online version of the London Times. It reports in part: The government has quietly sanctioned the powers for sharia judges to rule on cases ranging from divorce and financial disputes to … Continue reading

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New Scholarship about Rural Women and Rural Livelihoods

Lisa R. Pruitt at UC Davis School of Law has followed up on her 2007 article, Toward a Feminist Theory of the Rural, with two forthcoming articles about rural women. Both draw on the discipline of critical geography to explore … Continue reading

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Same Sex Victory in Connecticut – A Real One!

Just got word that the Connecticut Supreme Court found an equal right to marry – yup, “marry,” in the state constitution.   Not civil unions.   Marriage. Here’s the short version from my good friend Dan Krisch, whose firm, Horton, … Continue reading

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CFP: Women’s Right Law Reporter, Rutgers School of Law Newark

The Women’s Rights Law Reporter is a quarterly journal of legal scholarship and feminist criticism published by students at the Rutgers School of Law in Newark, NJ. Now-Supreme Court Justice Ruth Bader Ginsburg founded the Reporter in 1970. It is … Continue reading

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Abortion and the Supreme Court: One Depressing Possibility

I got an e-mail from RH Reality Check today plugging a series of posts about abortion, framed with the title: “The Supreme Court Hangs In The Balance.” I’d like to offer the competing opinion that the Supreme Court has already … Continue reading

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Paula A. Monopoli, “In a Different Voice: Lessons from Ledbetter”

The abstract: Women in academia – among some of the best educated women in America – suffer from the same salary inequities as other women in society. The American Association of University Professors (AAUP) has found that women faculty “earn … Continue reading

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“Why most Canadian gays and lesbians are choosing not to marry”

Lengthy article at this website, below are the opening paragraphs: Legalized same-sex marriage recently celebrated its third anniversary in Canada. Yet the majority of Canadian gays and lesbians are still choosing not to get married. Despite initial predictions by some … Continue reading

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Unity Day and A Deepening Financial Crisis

Today is Unity Day, celebrated since 1981 it is the first Monday in October and was intended to provide an opportunity for connection among advocates supporting victims of domestic violence. October is also Domestic Violence Awareness Month> (see the National … Continue reading

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Revenge Porn

Jezebel overview here. I discussed revenge porn in this article, explaining why copyright law as currently configured doesn’t have much to offer victims, but could be changed so that it did. –Ann Bartow

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Judge Sentences Porn Producer Paul Little, aka Max Hardcore, To 46 Months In Prison

From the Tampa Tribune: His pornographic persona, Max Hardcore, is all swagger and sadism – forcing women in his movies to do things that can’t be described in a family newspaper. But in federal court today, as he faced a … Continue reading

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Posted in Coerced Sex, Feminism and Law, Sexism in the Media | 1 Comment

“U.S. Judge Kozinski Accused of Ethics Breach by Lawyer Critic”

This article is a fairly detailed overview of the Kozinski porn story, written by Cynthia Cotts of Bloomberg News. And I am quoted in it. Cotts contacted me and asked if I would give her my opinion about some of … Continue reading

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IntLawGrrls is featuring a series on disability human rights.

Read it here.

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Judge Miriam Goldman Cedarbaum tossed a lawsuit alleging ladies’ nights at nightclubs discriminate against men out of federal court in Manhattan on Monday. She said nightclubs can price their products as they wish because they’re not acting as representatives of the state.

Story here. It somewhat creepily notes:”The nightclubs said the prices charged to men aren’t so burdensome that they amount to denying them entry and male customers actually might benefit from ladies’ nights because so many women attend.” For an uncomfortable … Continue reading

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Where Feminism, Copyright Law and This Interminable Election Intersect

Above is a recent New Yorker cover mocking Sarah Palin. The drawing is a parody of one of the New Yorker’s most famous covers: It was drawn by the late Saul Steinberg, and titled “View of the World from 9th … Continue reading

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Anne W. Eaton, “A Sensible Antiporn Feminsm”

Published in Symposia on Gender, Race and Philosophy (Spring 2008). Downloadable here. In addition: Commentaries by Patrick D. Hopkins, Rae Langton, Ishani Maitra, Laurie Shrage. Reply by A.W. Eaton. Via Feminist Philosophers.

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How to get the ABA Journal to broadcast your claim that your estranged spouse gave you an STD.

Mention it in divorce filings. Or in any lawsuit, probably, since the increasingly ATL-like ABA Journal thinks this is newsworthy. (Yes I know that by linking to the report I increase the exposure somewhat but it is already a “most … Continue reading

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“Child Centered Jurisprudence and Feminist Jurisprudence: Exploring The Connections And The Tensions” Friday, November 14, 2008 @ the University of Houston Law Center

From the Conference Website: This conference in November 2008 will explore the connections and the tensions between”feminist jurisprudence”and what might be called (in the language of June Carbone)”child-centered jurisprudence.”The experiences of American women have been entwined with their roles as … Continue reading

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Taina Bien-Aimé, “Still Time To Do The Right Thing” and pass the Wilberforce Act

Reposted from the Huffpo: As she poetically recounts her chilling life story in her recently published book, The Road of Lost Innocence, Somaly Mam was sold into sexual slavery as a young girl in Cambodia. The reader is confronted with … Continue reading

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Beverly Baines, “But Was She a Feminist Judge?”

Abstract: During her time on the bench, Justice Wilson refused to identify as a feminist. Her silence did not deter feminists from applauding many of her decisions. Nor did it preclude them from critiquing three opinions: Pelech, Morgentaler, and Hess. … Continue reading

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Kozinski Porn Site Update

Back in July Karen Gullo of Bloomberg News reported: Five federal judges will probe possible ethics violations by U.S. Circuit Judge Alex Kozinski, head of a San Francisco-based appeals court, related to the posting of sexually explicit photos on the … Continue reading

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Sex, Testation and Undue Influence

In the basic Wills, Trusts & Estates course, students learn that transfers brought about by undue influence, duress and fraud are invalid.   The Restatement (Third) of Property: Wills and Other Donative Transfers § 8.3(b) defines undue influence this way: … Continue reading

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Naomi Cahn and June Carbone, “Lifting the Floor: Sex, Class, and Education”

Yet another terrific article from two of my favorite Feminist Law Profs! Here is the abstract: This paper was written for a conference on third wave feminism. Third wave feminism recognizes the importance of “raising the floor,” and this paper … Continue reading

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There is no anonymity in cyberspace, part whatever.

The authorities figured out who hacked Sarah Palin’s e-mail account quite easily. When law enforcement refuse to help women victimized by internet harassers and stalkers, it is because they don’t want to, not because they can’t. –Ann Bartow

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Naomi Cahn, “Accidental Incest: Drawing the Line – Or the Curtain? – For Reproductive Technology”

The abstract: This article calls for setting limits on the number of offspring born from any one individual’s gametes, and for continuing to sanction incest, even when it comes to adult, inter-sibling consensual behaviour. The article examines the issues of … Continue reading

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“Paradigm shifts and paying for sex”

Brilliant essay by S. M Berg, below is an excerpt … The old prostitution paradigm sees prostitution as a women’s problem and thusly suggests fixing women as the solution. Identifiers of the old paradigm that circles around prostituted women are: … Continue reading

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Hillary Rodham Clinton and Cecile Richards, “Blocking Care for Women”

NYT Op-Ed, reprinted below: Last month, the Bush administration launched the latest salvo in its eight-year campaign to undermine women’s rights and women’s health by placing ideology ahead of science: a proposed rule from the Department of Health and Human … Continue reading

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Posted in Feminism and Law, Reproductive Rights, Women's Health | 22 Comments

“Adjudicating Sexual Violence in Fits & Starts”

That’s the title of a detailed post at IntLawGrrls that starts out as follows: When compared to the state of the law prior to their establishment, the ad hoc international criminal tribunals:namely the Yugoslavia (ICTY), Rwanda (ICTR) and Sierra Leone … Continue reading

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Can we expect the Sarah Palin Email Privacy Act of 2009?

Law prof Paul Ohm says so here, writing: As has been widely reported, Sarah Palin’s Yahoo e-mail account has been breached, and its contents have been posted to wikileaks. Gawker.com is posting excerpts from the e-mail messages including photographs. As … Continue reading

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“Playing Fair: A Guide to Title IX”

From the Women’s Sports Foundation: Have you ever had that thought in relation to your school’s sports program? Your high school might schedule the girls’ basketball games on Thursday at 4:00 p.m. while the boys’ games are always on Friday … Continue reading

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Is this blogger clueless about pornography? Or a lying PR flack for the porn industry?

Here is an excerpt from this post at Jezebel: Say what you will about pornography, objectification and exploitation, the growing legitimization of the pornography industry : which led to much more government- and self-regulation : also led to a significant … Continue reading

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Kentucky Court Blocks Lesbian Couple Adoption

The Kentucky Court of Appeals has made marriage the dividing line between those children who can have two legally recognized parents and those who can’t. In an opinion handed down last Friday, the court ruled that “second-parent adoption” is not … Continue reading

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Law Against Sagging Pants Ruled Unconstitutional By Palm Beach FL Circuit Judge

From here: A Florida judge has deemed unconstitutional a law banning baggy pants that show off the wearer’s underwear, local media reported Tuesday. A 17-year-old spent a night in jail last week after police arrested him for wearing low pants … Continue reading

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Why Hollywood Does Not Require”Saving”From the Recordkeeping Requirements Imposed by 18 U.S.C. Section 2257

In the latest edition of The Pocket Part Professor Ann Bartow responds to Alan Levy’s earlier piece How”Swingers”Might Save Hollywood from a Federal Pornography Statute.   Bartow argues so “eager was Levy to ‘save Hollywood’ from having to keep records … Continue reading

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“Score One for Disability Rights”

That’s the title of this post at Angry for a Reason, below is a short excerpt (but you should read the whole thing): On September 11th the Senate passed S. 3406, the ADA Amendments Act of 2008. This is a … Continue reading

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Does “the right to privacy” encompass sex with a comatose spouse?

It does according to this disturbing article. A Wisconsin appeals court says a man charged with allegedly having sex with his comatose wife in a nursing home had the right to an expectation of privacy. The District 4 Court of … Continue reading

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“Being a Lawyer and Male Makes You a Top Earner, Census Report Shows”

Being a lawyer and female, not so much. From the ABA Journal: The highest earners in 2007 were men in legal occupations, who earned a median salary in 2007 of $105,233, according to a Census Bureau report. The online report … Continue reading

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ACLU Action Alert re: Proposed HHS Regs

Let the Bush Administration know precisely what you think of its proposed health care denial regulations (PDF) by September 25th. ACLU’s Action Alert

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Gendered Parenting, Same-Sex Parenting and Presidential Politics

{I haven’t posted here for some time.   This is cross-posted from my own blog, Related Topics. ) I suppose more specifically I mean vice-presidential politics.   As in Sarah Palin. I doubt I have much original to add to … Continue reading

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“The measure that would have preserved affirmative action programs in Colorado will not be on the November ballot.”

From the Feminist Daily News: The measure, Initiative 82, would have preserved affirmative action programs that are threatened by Amendment 46, which has been cleared for the ballot. The disqualified initiative fell about 8,000 signatures short of the number required. … Continue reading

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“A new report by the Poppy Project has found that there are over 921 brothels in London being advertised in newspapers with a “large and growing” number of young women who are trafficked as sex slaves.”

BBC story here. Via Jezebel. If you want to help trafficked people in this country, support passage of this. And fight the Bush funded, women hating disinformation campaign. –Ann Bartow

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H.R. 3887: William Wilberforce Trafficking Victims Protection Reauthorization Act of 2007

“To authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, and for other purposes.” Information here.

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Equal Access Does Not Mean Equality

Christina Hoff Sommers, who once said Women’s Studies departments were campus centers for “homely women,” is at it again — this time on the web for the American Enterprise Institute for Public Policy Research: Here we come to the central … Continue reading

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“Pink Panties” Not Funny To Homicide Investigator

From here: … Last year, Action News Five took you inside “The First 48”. We showed Mason and others at work. Now, we’ve uncovered more drama behind the scenes at Memphis Homicide. It’s where Mason has apparently taken fellow detectives … Continue reading

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