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Category Archives: Feminism and Law
Gay Marriage Support and Opposition By The Numbers
A overview of twenty plus years of polling data is available here.
Posted in Feminism and Families, Feminism and Law, LGBT Rights
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“In South Africa, Chinese is the New Black”
Compelling post title, that! Read what it is about here, at Racialicious. It discusses this WSJ article, which begins with these paragraphs: A high court in South Africa ruled on Wednesday that Chinese-South Africans will be reclassified as”black,”a term that … Continue reading
Posted in Feminism and Law, Race and Racism, Sisters In Other Nations
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Why Hollywood Does Not Require”Saving”From the Recordkeeping Requirements Imposed by 18 U.S.C. Section 2257
Below is my original draft article, sans footnotes published in substantially edited form here. Attorney Alan R. Levy recently published an article entitled:”How”Swingers”Might Save Hollywood from a Federal Pornography Statute.”So eager was Levy to”save Hollywood”from having to keep records to … Continue reading
Posted in Feminism and Law
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Cyra Akila Choudhury, “Empowerment or Estrangement? Liberal Feminism’s Vision of the Progress of Muslim Women”
Abstract: This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because … Continue reading
Posted in Feminism and Law, Feminism and Politics, Sisters In Other Nations
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Noya Rimalt, “Stereotyping Women, Individualizing Harassment: The Dignitary Paradigm of Sexual Harassment Law between the Limits of Law and the Limits of Feminism”
The abstract: This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations
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Porn Lawyer Attempting To Use Search Engine Data Mining To Establish “Community Standards”
NYT story here. Below is an excerpt: “Time and time again you’ll have jurors sitting on a jury panel who will condemn material that they routinely consume in private,”said Mr. Walters, the defense lawyer. Using the Internet data,”we can show … Continue reading
Posted in Feminism and Law
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“Gender and Copyright Law”
Discussed here, at the Patry Copyright Blog.
Posted in Feminism and Culture, Feminism and Law
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Pimp Empowerment
A few short excerpts from this NYT article: Mr. Elms said that he started The Erotic Review in 1999 because he wanted to empower the customers of prostitutes. “I was getting ripped off,”he said.”There was no way to hold people … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Women's Health
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“Repairing research integrity”
That is the title of an article in Nature which reports systematic scientific misconduct that is underreported, and postulates some of the reasons, noting: “Nearly one generation after the effort to reduce misconduct in science began, the responses by NIH … Continue reading
Posted in Academia, Feminism and Law, Feminists in Academia
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Mary Anne Case on “Feminist Fundamentalism”
From here: At a time when so many different religious fundamentalisms are coming to the fore and demanding legal recognition, in this talk Prof. Case seeks to vindicate feminist fundamentalism, defined as an uncompromising commitment to the equality of the … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia
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Feminism v. Economics
After considering a NYT article positing that gay unions “shed light” on gender and marriage, Economic Woman wrote a provocative post, noting: When economists see a division of labour, they are likely to assume that it is a mutually … Continue reading
Posted in Feminism and Law, Women and Economics
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“The Countertraffickers”
That’s the title of this article that was published in the New Yorker. Below are a couple of excerpts: … Rotaru, who is twenty-six, works for the International Organization for Migration, a group connected to the United Nations, in Chisinau, … Continue reading
Posted in Carnival time!, Feminism and Law, Feminism and the Environment, Sexism in the Media, Uncategorized
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Looks Like It Was Never About The Porn: Kozinski Accused By Lawyer Of Lying To Court
Many men in power seem to agree that there is nothing wrong with a judge enjoying porn that degrades women. As some Kozinski PR shill noted in a comment here, Larry Lessig tells us it’s all harmless fun. Bizarrely enough, … Continue reading
Posted in Feminism and Law, Legal Profession
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Title VI, Title VII, Title IX – What’s Missing?
I feel like I should know the answer to this post, but I don’t. Here’s the question: Title VI prohibits discrimination based on race in federally funded entities. What about discrimination based on sex? Why isn’t … Continue reading
Posted in Feminism and Law
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Judge Alex Kozinski of the Ninth Circuit Is Running A Misogynist Porn Site
As David Cohen noted below. Details here. He is not ethically competent to hear obscenity cases, I don’t think. He is trying to get his son to take the rap, apparently, and shift responsibility. I don’t buy it and I … Continue reading
Posted in Feminism and Law, Legal Profession
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Ever Have a Ninth Circuit Case Involving Sex or Gender Issues?
Or even one with a female litigant? And was one of the panel members Judge Alex Kozinski? Well, if so, this story must make you question whether you got a fair shake. As detailed in several news outlets (and apparently … Continue reading
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Massachusetts Maternity Leave Act Now Applies to Fathers Too
Feminist Law Prof Jessica Silbey has an excellent post today on Concurring Opinions about the decision by the Massachusetts Commission Against Discrimination to expand the state Maternity Leave Act to apply to fathers too. This change means that employers … Continue reading
Posted in Feminism and Law, LGBT Rights
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NY Gov’t Leaders, Activists Urge Strong Senate Bill to Curb Human Trafficking
The following is an excerpt of a press release from Rep. Maloney in December 2007: Today, Congresswoman Carolyn Maloney (D-Manhattan, Queens), New York City Council Member Helen Sears (D-Jackson Heights), and other leaders in the fight against human trafficking rallied … Continue reading
Posted in Coerced Sex, Feminism and Law, Feminism and Politics, Race and Racism, Sisters In Other Nations
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Stop Violence against Women website looking for volunteers!
The Advocates for Human Rights is seeking volunteers to create content for a website that is accessed by people all over the world. The Stop Violence against Women website (StopVAW) is an online resource with more than 4,000 pages of … Continue reading
Posted in Acts of Violence, Feminism and Law, Feminism and Technology, Women's Health
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Katherine M. Franke, “Longing for Loving”
The abstract: Post-Lawrence efforts to secure marriage equality for same sex couples must be undertaken, at a minimum, in a way that is compatible with efforts to dislodge marriage from its normatively superior status as compared with other forms of … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, LGBT Rights
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“NOMAS supports Reauthorization of the Trafficking Victims Protection Act, HR 3887”
The National Organization of Men Against Sexism gets it. The organization stands with decent people everywhere in opposing human trafficking, and affirms the following: The U.S. law addressing the crime of Sex Trafficking, the Trafficking Victims Protection Act 0f 2000, … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Women's Health
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First Circuit writes in Cook v. Gates: “We are convinced that Lawrence recognized that adults maintain a protected liberty interest to engage in certain ‘consensual sexual intimacy in the home.'” But, still finds “Don’t Ask, Don’t Tell” Constitutional
Cook v. Gates was the second challenge to the “Don’t Ask, Don’t Tell” policy of the U.S. Military decided after Lawrence. Yesterday in Cook v. Gates the First Circuit held in pertinent part: There are at least four reasons for … Continue reading
Posted in Feminism and Law, LGBT Rights
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“Max Hardcore” Convicted On Obscenity Charges
This is notable because I think it may be the only non-child-pornography obscenity conviction obtained by the Bush Justice Department during the past seven plus years. The indictment came down just over a year ago, and can be viewed here. … Continue reading
Posted in Coerced Sex, Feminism and Law
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Cutting off Your Nose to Spite Someone Else’s Face
With the recent extension of the right to marry to same-sex couples in California, there has been talk of a”shot in the arm to the state economy”from all of the additional business for wedding planners, hotels, florists, bakeries, and others … Continue reading
Posted in Feminism and Law, LGBT Rights, Uncategorized
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Human Trafficking, Coercive Sex and Feministing
I’m having a difficult time understanding this post at Feministing. As far as I can tell, the post author prefers that the federal government NOT “waste time” investigating cases where pimps claim that trafficked, prostituted people are “free to leave.” … Continue reading
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Sisters In Other Nations, Women's Health
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A parental notification ballot measure was certified last week for the California state ballot in November.
The proposed measure would amend the California constitution to require parental notification and a 48-hour waiting period before allowing a minor to obtain an abortion. Via.
Posted in Feminism and Law, Reproductive Rights
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The Days Before Roe
The New York Times today has an essay from an obstetrician/gynecologist who recalls the days before Roe. He treated women with all sorts of medical problems as the result of attempting an illegal abortion without medical assistance. The … Continue reading
Posted in Feminism and Law, Reproductive Rights, Women's Health
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“Firm’s ‘Ever Argue With a Woman?’ Ad Provokes Debate on Stereotypes”
From the ABA Journal: Do men and women argue differently? And does that make a difference in the way they work as lawyers? That’s the suggestion of an ad by a women-owned Buffalo, N.Y., law firm that is attracting notice. … Continue reading
Posted in Feminism and Law, Legal Profession, Sexism in the Media
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Sophia Z. Lee “Hotspots in a Cold War: The NAACP’s Postwar Workplace Constitutionalism, 1948-1964”
Abstract: Throughout the Cold War 1950s, the NAACP sustained an ambitious campaign for African-American workers’ constitutional right to join unions and access decent jobs. Surprisingly, it did so not in the courts, but in executive branch agencies and committees. Blending … Continue reading
Posted in Feminism and Law, Feminist Legal History, Race and Racism, Women and Economics
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Deborah Rhode and Christopher J. Walker, “Gender Equity in College Athletics: Women Coaches as a Case Study”
Abstract: As Title IX celebrates its thirty-fifth anniversary, many have noted its enormous positive effect on women’s sports. But an unintended and too-often neglected byproduct is that as opportunities for female students have increased, opportunities for female professionals have declined. … Continue reading
Posted in Academia, Feminism and Law, Feminist Legal Scholarship
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Ann Bartow, “Pornography, Coercion, and Copyright Law 2.0”
Abstract: The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, … Continue reading
Posted in Coerced Sex, Feminism and Law, Feminism and Technology, Feminist Legal Scholarship
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“Justices Favor Workers in Cases of Bias Retaliation”
Linda Greenhouse report in the NYT: The Supreme Court on Tuesday adopted a broad reading of two federal civil rights laws to protect employees from retaliation when they complain about discrimination in the workplace. By margins of 7 to 2 … Continue reading
Posted in Feminism and Law, Legal Profession
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“Free Speech & the Menace of Hysteria”
I recently returned from a conference where one of the panels I spoke on concerned “hate speech” and the other addressed related topics. The audience skewed heavily libertarian, but the conversations sparked by the panels still seemed fairly productive. However, … Continue reading
Margalynne Joan Armstrong & Stephanie M. Wildman, “Teaching Race/Teaching Whiteness: Transforming Colorblindness to Color Insight”
Abstract: This Article argues that whiteness operates as the normative foundation of most discussions of race. Legal educators often overlook the role of whiteness in the law school setting and in law more generally. Identifying and understanding whiteness should be … Continue reading
Posted in Academia, Feminism and Law, Race and Racism
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Catharine MacKinnon Will Receive An Honorary Doctorate from Hebrew University
From here: Leading international human rights advocate Prof. Catharine MacKinnon is to receive an honorary doctorate from the Hebrew University of Jerusalem in recognition of her work in advancing gender equality. She will receive the honor at the opening Convocation … Continue reading
Posted in Academia, Feminism and Law, Feminists in Academia
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“Real Life Affirmative Action for Boys”
That’s the title of this interesting essay at Fannie’s Room. Note also that the author is a contributor to an amusing site with an ongoing Stuff Lesbians Like series. UPDATE: See also this post at Feministing, which notes: A new … Continue reading
Posted in Feminism and Law, Feminist Blogs Of Interest
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News In Brief: UK Votes on “Need for A Father”
[It’s been a long time since I’ve cross-posted. Feel free to go to my regular blog, Related Topics, and catch up.] For some time now the UK parliament has been considering a substantial overhaul of the act that … Continue reading
Posted in Feminism and Families, Feminism and Law, LGBT Rights, Reproductive Rights
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Justice Stevens and the Democratic Primaries
I’ve seen a few articles over the past week in which Clinton supporters said they would not support Obama if he won the Democratic primary. And, I’ve had conversations with Obama supporters who said the same about Clinton. … Continue reading
Posted in Feminism and Law
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Pennsylvania Marriage Amendment:Revived by the California Supreme Court?
My hometown newspaper, the Pittsburgh Post-Gazette, was reporting over the weekend that supporters of the so-called marriage amendment to the Pennsylvania Constitution are attempting to revive the bill in the wake of the California Supreme Court’s decision overturning that state’s … Continue reading
Posted in Feminism and Law, LGBT Rights, Sexism in the Media
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“Pinstripes & Pearls” by Judith Richards Hope
From the Powell’s Page: To illustrate the challenges facing women of her generation, author Judith Richards Hope describes the lives and careers of a handful of barrier-breaking women, including herself, from Harvard Law School’s pivotal class of 1964, who fought … Continue reading
Posted in Academia, Feminism and Law, Feminist Legal History, Recommended Books
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Rachel J. Anderson, “Revisiting the Imperial Scholar: Market Failure on Law Review?”
Abstract: This article argues for reforms in the institution of student-run law reviews. Specifically, it calls for an increased understanding of the potential for bias in the article-selection process. Further it calls for institutional retraining to support the implementation of … Continue reading
Posted in Academia, Feminism and Law, Law Schools, Law Teaching, The Underrepresentation of Women
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“When All Efforts Fail to Retain Them, Unintentional Biases May Be at Work”
That’s the title of a recent article in the New York Law Journal by Ellen Ostrow. Below is an excerpt: … I strongly suspect that cultural assumptions – normative in law firms and in the larger social structure in which … Continue reading
Posted in Feminism and Law, Legal Profession, The Underrepresentation of Women
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“Suffragist City”
That’s the title of a column by academic historian Mary Beth Norton that appeared in The Nation, describing new books about important women in history. Norton writes: … Groundbreaking books by historians Judith Wellman, Lori Ginzburg and Jean Baker, among … Continue reading
Posted in Academia, Feminism and Law, Feminist Legal History, Recommended Books
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California Marriage Decision
I’ve just finished reading the California Supreme Court’s decision in In re Marriage Cases (whew! was that a long one!). In many ways, it is a great decision. The court rejected several staple arguments of opponents of same-sex marriage. The … Continue reading
Posted in Feminism and Law, LGBT Rights
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Gay Marriage Ban Overturned By California Supreme Court
Story reported here and here. Read the opnion here!
Posted in Feminism and Law, LGBT Rights
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Martha Albertson Fineman, “The Vulnerable Subject: Anchoring Equality in the Human Condition”
Abstract: This essay develops the concept of vulnerability in order to argue for a more responsive state and a more egalitarian society. Vulnerability is and should be understood to be universal and constant, inherent in the human condition. The vulnerability … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Uncategorized
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“Video From Conference on Civil Rights, Civil Liberties and Social Justice”
From the ACS Blog: ACS and the ABA Section on Individual Rights and Responsibilities co-hosted a day-long conference on civil rights, civil liberties and social justice. Video from the morning plenary session on the impact of the upcoming election on … Continue reading
Posted in Feminism and Law, Legal Profession
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ToC from the latest issue of Am. U WCL’s Journal of Gender, Social Policy & the Law
Volume 16, Number 2 Article Giving Birth in Shackles: A Constitutional and Human Rights Violation Dana L. Sichel Presentation Naming The Unnamed: Intellectual Property Rights of Women Artists from India Ruchira Goswami & Karubakee Nandi COMMENTS Born To No Mother: … Continue reading
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Response of (Right On!) Members of the Wash U. School of Law Faculty To The Schlafly Honorary Degree
May 9, 2008 Chancellor Mark Wrighton Washington University in St. Louis One Brookings Drive St. Louis, MO 63130 Dear Chancellor Wrighton, We are extremely disappointed that the University has chosen to honor Phyllis Schlafly with an honorary degree at this … Continue reading
Posted in Academia, Feminism and Law, Law Schools, Law Teaching
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Barbara Bennett Woodhouse, “Hidden in Plain Sight: The Tragedy of Children’s Rights from Ben Franklin to Lionel Tate”
From the publisher’s website: Hidden in Plain Sight tells the tragic untold story of children’s rights in America. It asks why the United States today, alone among nations, rejects the most universally embraced human-rights document in history, the United Nations … Continue reading
Posted in Feminism and Families, Feminism and Law, Recommended Books
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