Category Archives: Feminism and Law

Someone Needs To Teach A Course In “Tee Shirt Law”

From here: A routine trip to the Social Security office Monday turned into 30 minutes of shock, disbelief and irritation for Lapriss Gilbert, who was forced to leave the federal building by a guard who objected to her “lesbian.com” T-shirt. … Continue reading

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CFP: International Conference on Feminist Constitutionalism

Call for Papers Date: February 28 – March 1, 2009 Location: Queen’s University, Kingston, Canada This conference intends to follow current debates in the intersection between constitutional law, constitutionalism, and feminist theory, both domestically and internationally. The discussions will address … Continue reading

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“Defense contractor KBR Inc. and a Jordanian subcontractor are accused of human trafficking in a federal lawsuit filed in Los Angeles.”

Brief press account here. Will update when there is more information, and hopefully provide a link to the Complaint.

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Guest Post: “Proposed HHS Rule Harmful To Women’s Interests”

By National Womens Law Center Vice President Judy Waxman: Last week, the Bush Administration’s Department of Health and Human Services (HHS) released a proposed rule that will harm women’s health by impeding access to care and by denying vital information … Continue reading

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Testation, Testicles and Ritual Practice

Today in Wills, Trusts & Estates class, we discussed the difference between dying testate (with a will) and intestate (without one).  We talked about the origins of the word testation, which the OED gives as “from  testrto witness, make a … Continue reading

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Russell Powell, “Catharine MacKinnon May Not Be Enough: Legal Change and Religion in Catholic and Sunni Jurisprudence”

The abstract: This article asserts that legal change in systems influenced by religion requires a legitimizing hermeneutic rooted in sacred texts and tradition. I argue that a number scholars of legal history (Michael Klarman), feminist jurisprudence Catharine MacKinnon, Katherine Bartlett … Continue reading

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New proposed HHS rule in defense of “health care provider conscience.”

The text of the proposed rule is here. It is discussed here, and here.

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Nancy E. Dowd, “Masculinities and Feminist Legal Theory: An Antiessentialist Project”

Abstract: Men, patriarchy and masculine characteristics have predominantly been examined within feminist theory as a source of power, domination, inequality and subordination. Various theories of inequality have been developed by feminists to challenge and reveal structures and discourses that reinforce … Continue reading

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“Restoring Human Dignity: Women Lawyers Push Back Against Human Trafficking”

That’s the title of this article, with a short excerpt below: Every lawyer who works on the issue of human trafficking has a powerful memory of someone like Katya, whose life has been torn asunder by what is seen as … Continue reading

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Josephine Louise Newcomb established an undergraduate liberal-arts college in 1886 at Tulane in memory of her daughter. Her descendants are suing to have it reopened.

Last October it was reported that a first effort to get Newcomb College reopened failed: A state appeals court today narrowly turned down an attempt to resurrect Newcomb College, ruling that the plaintiffs had no right to file suit. By … Continue reading

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Privacy Issues Highlighted in the September issue of Scientific American

Via Dan Solove: Daniel J.   Solove, Do Social Networks Bring the End of Privacy? Whitfield Diffie and Susan Landau, Internet Eavesdropping: A Brave New World of Wiretapping Steven Ashley, Digital Surveillance: Tools of the Spy Trade Katherine Albrecht, How … Continue reading

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Elisabeth A. Keller & Judith B. Tracy, “Hidden in Plain Sight: Achieving More Just Results in Hostile Work Environment Sexual Harassment Cases by Re-Examining Supreme Court Precedent”

The abstract: Lower federal courts often fail to provide plaintiffs in sexual harassment cases the relief intended by Title VII of the Civil Rights Act of 1964 and mandated by the Supreme Court when it recognized the cause of action … Continue reading

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Patricia A. Broussard, “Female Genital Mutilation: Exploring Strategies for Ending Ritualized Torture; Shaming, Blaming, and Utilizing the Convention against Torture”

Read the article here.

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Report Released on Affirmative Action in Public Discourse

From the Feminist Daily News: A new report analyzes the impact media has in framing the current affirmative action debates and generally concludes that media portrayals are often biased and misinformed. The report was released by The Opportunity Agenda and … Continue reading

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“Lawyer Files Antifeminist Suit Against Columbia”

The NYT reports: Roy Den Hollander is a Manhattan lawyer and a self-described antifeminist. Over the past year, he has sued Manhattan nightclubs for favoring women by offering ladies’ night discounts and has sued the federal government over a law … Continue reading

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Afghan women jailed for being victims of rape

I am re-posting the entire article because of its terminal sentence: Beneath the anonymity of the sky-blue burqa, Saliha’s slender frame and voice betray her young age.Asked why she was serving seven years in jail alongside hardened insurgents and criminals, … Continue reading

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Yet Another Sex Trafficking Incident

Too common for much press coverage apparently, but there was this: Authorities: Kidnapped girl rescued at motel ABSECON — Police arrested a Vineland man and three other people after a Massachusetts girl called her mother to report she was being … Continue reading

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Welcome Back to School

As the fall 2008 school semester begins with much of the country hoping for change early next year it seems that some things have not changed: Inside Higher Education (August 15, 2008): If One Professor Gropes, Does Everyone Need Training? … Continue reading

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Smith Barney settled a sex discrimination suit for $33 million

The SF Chron reports: Smith Barney has agreed to pay $33 million to settle claims by three Northern California women that the brokerage giant favored men in pay, promotions and client assignments.U.S. District Judge Phyllis Hamilton of San Francisco approved … Continue reading

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Maternity leave: a request for strategies and advice

Head over to Historiann and help a sister out!

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Crime and Punishment

Crime. (Via.) Prospective help for the victim and people like her. (See also.) Support the Trafficking Victims Protection Act. Thank you and good night. –Ann Bartow ETA: See also.

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“Your Sex Industry Questions Answered”

Here.

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“Narrative and Sexual Consent: Compulsory Prostitution in Progressive era New York City”

Abstract: This paper analyzes testimony about forced prostitution voiced in New York City’s Court of General Sessions from 1908 to 1915. During these years, the problem of coercive prostitution – commonly called”white slavery”– received an unprecedented amount of attention from … Continue reading

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“IL Governor Signs Law to Track Domestic Batterers Using GPS Technology”

Ms. Magazine reports: llinois Governor Rod Blagojevich (D) signed a measure into law that allows authorities to track convicted domestic violence offenders via satellite using GPS technology. The new law allows judges to order that offenders wear a GPS device … Continue reading

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“Anti-Abortion District Attorney Loses Kansas Republican Primary”

From the Feminist Weekly News: Johnson County, Kansas District Attorney Phill Kline lost his seat in the Republican primary to Steve Howe, another anti-abortion candidate. Kline lost by a margin of 60% to 40%. His anti-abortion politics played a significant … Continue reading

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North Dakota Law Review Criticized for Anti-Same-Sex-Marriage Issue

A column in the Fargo-Moorhead Forum begins: Attorneys around the state were shocked to see the content of the most recent edition of the North Dakota Law Review, a symposium issue focused on family law, in which all but one … Continue reading

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Imagining Left/Progressive Judicial Appointments

I recently read both Jeffrey Toobin’s “The Nine” and Jan Crawford Greenburg’s “Supreme Conflict.” Both cover the Supreme Court from the 1980s forward. Toobin’s focuses a bit more on the cases and the law; Greenburg a bit more on the … Continue reading

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8th Circuit Decision On Shackling Pregnant Women

In a case out of Arkansas called Nelson v. Correctional Medical Services, 2008 WL 2777423 (8th Cir. 2008), the Eighth Circuit concluded that the shackling of a pregnant inmate laboring to deliver a baby did not constitute an Eighth Amendment … Continue reading

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Beverly I. Moran, “Capitalism and the Tax System: A Search for Social Justice”

 Here is the abstract: America is a country founded on ideas. The Enlightenment was one set of ideas that attended our birth and one Enlightenment belief as strong today as during the revolution is our faith in capitalism and the … Continue reading

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Sexual Misconduct and Shackling of Pregnant Women

Amnesty International surveyed all 50 states as well as the District of Columbia and the Federal Bureau of Prisons to obtain information on the use of restraints on pregnant women in custody. These findings are based primarily on information provided … Continue reading

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Upcoming Feminism and Legal Theory Project Events

More information on the following events will be available as the dates approach. Conflict and Transitional Justice: Feminist Approaches September 19-20, 2008. Emory University Gambrell Hall Truth Commissions and other forms of transitional justice have become ubiquitous as a mechanism … Continue reading

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“Today, the Court of Appeals for the Fourth Circuit granted Virginia’s petition to rehear en banc the Center for Reproductive Rights’ case against Virginia’s abortion ban.”

… [I]in May of this year, a three- judge panel of the Fourth Circuit struck down the Virginia law finding it extremely broad such that “every time” a doctor set out to perform any standard second trimester abortion, “he faces … Continue reading

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Law Prof Blog Recommendations: Increasing the Estrogen

We here at Feminist Law Professors don’t care about “size.” There isn’t a publicly accessible Site Meter here because we do not run commercial advertisements, and we try to offer some small measure of privacy protection to our readers. Publicly … Continue reading

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“F Files” Interview with Robert Jensen

Part 1 is here. Part 2 is here. Part 3 is here. Part 4 is here. Part 5 is here. Part 6 is here.

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The Third Circuit has thrown out a $550,000 indecency fine against CBS for Janet Jackson’s “wardrobe malfunction” at the 2004 Super Bowl.

Per this AP story: … The three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission “acted arbitrarily and capriciously” in issuing the fine for the fleeting image of nudity. Ninety million people were … Continue reading

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San Diego Grand Hyatt Boycott (and Girlcott!)

Since this is the hotel where the AALS annual meeting is being held, I thought the FLP readership would be concerned about this story.   The Grand Hyatt’s owner gave $125K to the marriage ban campaign; now gay activists are … Continue reading

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H&R Block and Taxing Civil Unions

To follow-up on an earlier post, the Los Angeles Times is reporting here that H&R Block has agreed to reimburse civil union couples who began filling out their tax returns online only to be told that the company’s software did … Continue reading

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DOMA and the Census

Last Friday, Gary Gates of UCLA’s Williams Institute had an interesting op-ed piece in the Los Angeles Times. In the piece, he makes an argument for why the Census Bureau should not alter the responses of married same-sex couples to … Continue reading

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Human Trafficking: An ABC News Report On Child Selling In Haiti

Quite sad and disturbing. NB: If you want to help trafficking victims, support passage of H.R. 3387. See also.

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CFP – Conflict and Transitional Justice: Feminist Approaches

Conflict and Transitional Justice: Feminist Approaches, September 19-20, 2008 Emory University School of Law. Sponsored by: The Feminism and Legal Theory Project. Truth Commissions and other forms of transitional justice have become ubiquitous as a mechanism for societies emerging from … Continue reading

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“Very Young Girls”

A documentary: Very Young Girls is a documentary film that chronicles the journey of young women through the underground world of sexual exploitation in New York City. A 14-year-old girl is lured from her home, beaten, raped, held captive, and … Continue reading

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Obama Newly Embracing Abortion Restrictions?

From the ABC News Blog Legalities: … In a recent interview, Obama appears to back away from his long-stated positions on abortion (and a proposed federal abortion rights law he had co-sponsored), repudiate 35 years of accepted Supreme Court rulings … Continue reading

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Announcing Women in International Economic Law, a new global organization in international law

Women in International Economic Law, a new global organization in international law, will hold its organizational meeting from 1:30 to 3 pm on Tuesday 15 July, in conjunction with the inaugural meeting of the Society of International Economic Law (SIEL) … Continue reading

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“Startlingly Sexier” Conservative Feminists?

Camille Paglia has published “Feminism Past and Present: Ideology, Action and Reform” in the Spring/Summer 2008 issue of Arion: A Journal of the Humanities and the Classics.    Here’s her explanation of the current state of “feminism:” Two technological innovations:cable … Continue reading

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What if Title IX Applied to Math and Science Courses?

Debra Rolison of the U.S. Naval Research Laboratory thinks that would be a great idea.  Christa Hoff Sommers,  font of anti-feminist soundbites and Resident Scholar at  the American Enterprise Institute for Public Policy Research, takes  a different view: While Title … Continue reading

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“Poverty is one reason so many Yemeni families marry their children off early. Another is the fear of girls being carried off and married by force. But most important are cultural tradition and the belief that a young virginal bride can best be shaped into a dutiful wife, according to comprehensive study of early marriage published by Sana University in 2006.”

That’s a paragraph from this heart wrenching account of young girls forced into marriage.

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Martha T. McCluskey, “How Queer Theory Makes Neoliberalism Sexy: Right-Wing Economic Politics and the Queer Challenge to Feminism”

Abstract: Some strands of queer theory have echoed conservative law-and-economics (neoliberalism) in criticizing feminism’s turn to the state and to moral principle to solve problems of dependency and dominance. But on closer analysis, queer anti-statism and anti-moralism itself relies on … Continue reading

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AT&T v. Hulteen

Anya Prince at the NWLC’s Womenstake blog reports: Before the Pregnancy Discrimination Act (PDA) of 1978 clearly made such practices unlawful, AT&T gave substantially less leave for pregnancy than for other short-term disabilities. Today, the women who were treated unequally … Continue reading

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Getting Coffee, Getting Stereotypes

A recent opinion in the Eastern District of PA granted summary judgment in a sex discrimination (and harassment) case for an employer who fired a female receptionist who refused to get her two male supervisors coffee every day at 3pm. … Continue reading

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Women Protest Separate and Unequal Grill Rooms at Tony Phoenix Golf Club

From the New York Times: When the men of the Phoenix Country Club saw their feeding ways in peril, they did not tarry. Some sent nasty e-mail messages, hectored players on the fairway and, for good measure, urinated on a … Continue reading

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