Category Archives: Feminism and Law

How Not To Bring A Sexual Harassment Claim

According to the 8th Circuit: To establish a prima facie hostile work environment claim, a plaintiff must prove: (1) that she was a member of a protected group; (2) the occurrence of unwelcome harassment; (3) a causal nexus between the … Continue reading

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“A Connecticut High School Student used vulgar slang on an Internet blog which was sent from her personal computer while at home. Specifically, she criticized the administration by saying “Jamfest is canceled due to douchebags in central office.” The school, in turn, refused to allow plaintiff to run for re-election as class secretary. She then won with write in ballots, but was not allowed to serve.”

Read more here.

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New Racial Profiling? “You’re a White Girl in a Rental Car”

One of the distinctive aspects of racial privilege is that those who have it seem largely unware of it.   Trina Grillo and Stephanie Wildman have described this as a form of “racism/white supremacy,” pointing out “the link between discriminatory … Continue reading

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New Book: “Beyond (Straight and Gay) Marriage: Valuing All Families under the Law”

Remember the feminist analysis of marriage? I bet your students don’t! They have grown up believing that the only problem with marriage is that same-sex couples are denied it and that the only family law problem facing gay men and … Continue reading

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Notable Internet Privacy Litigation: Curran v. Amazon.com, Inc.

Eric Goldman writes: Erik Curran was a National Guard soldier who served in “a combat zone.” For reasons unclear from this opinion, he was photographed by an unspecified photographer, and the photo (or photos) of Curran became widely republished. Erik … Continue reading

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The Problem of Pregnancy

Having come this far, it is time to discuss the problem of pregnancy. There has been so much intelligent and provocative feminist analysis of pregnancy that I cannot hope to do the matter even the roughest justice. But I also … Continue reading

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Some Possible Questions

My last post raises a few questions, at least for me. One I have an answer for, the others I do not. –How important is the intention to be a parent? This is the one I think I can answer. … Continue reading

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And About the Woman From the One-Night-Stand?

For a while now I’ve been writing about the parental status of men where a child results from a one-night-stand. My conclusion has been that these men are not fathers of those children. They are, instead, like sperm donors. (Many, … Continue reading

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Justice Kennedy

As I mentioned last week, I’m participating in a symposium at the University of South Carolina this coming Friday about the Roberts Court and Equal Protection.   I’m on the panel about sex/gender, which will be moderated by Feminist Law … Continue reading

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“It’s tough enough for rape victims to come forward. Now there’s another reason for them to think twice about reporting the crime: They may get stuck with a hefty bill for the rape kit used to collect evidence against their attacker.”

So begins this U.S. News article, entitled “Rape Victims Can Be Hurt Financially, Too.” The article notes that rape kits cost $1,600 and sexual assault victims are billed for them in a number of states. Via Jezebel.

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Belle Lettre on Sexual Harassment

Here, in a post entitled: What the Hell: I Am Mad, and I Can Type. If I Don’t Have a Voice Here, Then Where Do I?

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Know a lost literary classic suitable for use in law school?

Leave your suggestions here!

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Justice Anthony Kennedy: Thanks for Twenty Years of . . .

Well, thanks for what? Today is the twentieth anniversary of Justice Kennedy taking his seat on the Supreme Court. There are certainly things to thank him for. His switch in Casey saved Roe from being overturned. He authored groundbreaking rulings … Continue reading

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Parenthood and Power

Time for an observation here. This fits with my ongoing discussion on the parenthood of the man from the one-night-stand. (It’s a rather long thread and I’ve linked to an early part of it. I’m not going to repeat the … Continue reading

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Switching Views

(To those of you reading this on Feminist Law Profs, I’m cross-posting there from my own blog. The links and internal references are to that blog. Also, I’m about to be traveling for a bit so after tomorrow’s post I … Continue reading

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“Court strikes down Texas ban on sex toys”

From here: A federal appeals court has struck down a seldom-enforced Texas law making it a crime to promote or sell sex toys. The 5th U.S. Circuit Court of Appeals, ruling in a case originally filed in federal court in … Continue reading

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“For now the fun is over.”

From The American Lawyer: Who’s the hottest young woman lawyer at Skadden, Arps, Slate, Meagher & Flom? Last week that question sent the New York firm into a bit of a tizzy. On February 4, Skadden Insider, a blog written … Continue reading

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Objections

(To those of you reading this on Feminist Law Profs, I’m cross-posting there from my own blog.   The links and internal references are to that blog.   So, for example, you can find “my last post” by scrolling down … Continue reading

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Natural Fathers?

Having once again been interrupted by current events, I return to my earlier topic–can we separate parentage from genetic linkage. I’ve gone at this in steps, starting by considering a sperm donor and working my way to a one-night-stand guy. … Continue reading

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Violence Against Law Profs

SSRN’s LSN Legal Educator e-mail notice from today included an abstract for a new article by Carol Parker of U. of Tennessee-Knoxville College of Law, nursing professor Sandra Thomas (also of UTK), and Dr. Helen Smith of violentkids.com. This article … Continue reading

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News in Brief–Three Biological Parents

I’ve written about how to attachment to genetics as the primary basis for parenthood binds us to a view of two and only two parents. Increasing use of assisted reproductive technology is, however, spurring us to at least loosen that … Continue reading

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“Attorney General Reverses Curbs On Gay Group at Justice Department”

From the WaPo: Five years after a gay advocacy group was told that it could no longer use the e-mail, bulletin boards and meeting rooms at the Justice Department, Attorney General Michael B. Mukasey has reversed that decision and issued … Continue reading

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“What Title IX Means to Us”

Read this multi-authored essay at Womenstake in honor of National Girls and Women in Sports Day.

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Tainted Blood

I came across an interesting story in the San Jose Mercury News yesterday about how the President of San Jose State University has suspended all blood drives on campus because the FDA’s lifetime ban on blood donations from gay men … Continue reading

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Afghanistan

The Independent, UK has launched a campaign to secure the freedom of Sayed Pervez Kambaksh. On Tuesday, a provincial court in Afghanistan sentenced the 23 year old journalism student to death for downloading a report that is said to defend … Continue reading

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Upcoming Conference: Family Responsibilities Discrimination: Lessons for the Use of Stereotyping Evidence and Implicit Bias in Employment Cases

Friday, February 8, 2008 8:30 a.m. – 5:00 p.m. U.C. Hastings College of the Law – San Francisco, CA The rise of “family responsibilities discrimination” (FRD) is being hailed as the most important recent development in employment discrimination law. FRD … Continue reading

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“Ladies Only” Transportation in Mexico

 The Seattle Times reports here that Mexico City has implemented multiple “ladies’ only” bus routes after complaints from women of sexual harassment by fellow bus-riders. Ummm…why is the solution to put women on different buses, instead of implementing serious anti-harassment … Continue reading

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“Judge Reprimanded for Calling Three Black Female PDs ‘The Supremes'”

Jeebus, I thought that was a headline from an Onion article but it wasn’t. Here’s the ABA Journal account: A Maryland judge has been reprimanded for calling three black female public defenders”The Supremes”and telling a defendant to get”an experienced male … Continue reading

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The Obvious Objection

(Note that this is cross-posted from my regular blog. So references are to earlier postings on that site. The links will take you there as needed.) I started this thread with a specific question–should a man who engages in an … Continue reading

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Free Genarlow Wilson From False Hero Status

I supported Genarlow Wilson’s release from jail, but I don’t think Mr. Wilson deserves any awards. Former (Douglas County, Georgia) prosecutor William Atkins wrote to the Daily Report about the inapt comparisons some commentators are making between the prosecutors in … Continue reading

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For Flea: An Overview of Domestic Violence in South Carolina

At One Good Thing, Flea, a native of South Carolina, posted about a domestic violence situation here that touched her personally. And she captured in a sentence how I feel about this state most days when she wrote: I think … Continue reading

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Consciousness Raising and Contemporary Feminist Method

Does “consciousness raising” exist today?  I recently asked a group of second-year and third-year law students that question.   Their answer was a resounding and collective, “Yes.”   In Toward  a  Feminist  Theory  of  the  State, Catharine MacKinnnon  describes consciousness-raising … Continue reading

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A Moment’s Pause

(Note that this is cross-posted from my regular blog.   So references are to earlier postings on that site.   The links will take you there as needed.) This post is the electronic equivalent of a deep breath before plunging … Continue reading

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Rosenblum on Puerto Rico’s Proposed Constitutional Same-Sex Marriage Ban

This week, El Nuevo Dia, the main paper in Puerto Rico, published a letter to the editor by FeministLawProf Darren Rosenblum (Pace).   His Spanish-language letter argues against the constitutional ban on same-sex marriage under consideration by the Puerto Rican … Continue reading

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“Spinster Sisters Claim UK Gay Partner Law Discriminates Against Them”

This blog has a post tag category for “Sisters In Other Nations” but usually it isn’t meant quite so literally. Via FemmeNoir: Two elderly sisters who live together say they could lose their family home because they are victims of … Continue reading

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On Sexual Harassment, Students and Schools

Read “Restoring Effective Protections for Students Against Sexual Harassment in Schools:Moving Beyond the Gebser and Davis Standards,” by Fatima Goss Graves.

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Pioneer of Justice: Catharine A. MacKinnon

Today the Women’s Association of Law Students at my home institution, Pace Law School, held a brunch in honor of Professor Catharine MacKinnon. The students presented their annual “Pioneer of Justice” award to Professor MacKinnon in recognition of her work … Continue reading

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NWLC Asking For Support re: Fair Pay Restoration Act

As you probably know, yesterday the Senate HELP Committee held a hearing on the Fair Pay Restoration Act (S. 1843), which would reverse the recent Supreme Court decision in Ledbetter v. Goodyear Tire and Rubber Co. that severely limits workers’ … Continue reading

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News in Brief: Same Melody, Different Words

This is really a variation on the theme of yesterday’s post. For some months now the House of Lords in the UK has been debating legislation that revamps British law about assisted reproductive technology (ART). (Indeed, it was in the … Continue reading

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News in Brief–European High Court on Lesbian Adoption

This week the European Court of Human Rights ruled that the regional authorities in France acted improperly when they refused to allow a single lesbian to adopt a child. (That first link is to the actual opinion of the court, … Continue reading

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More Evidence That Joe Francis Is An Idiot

From here: Oklahoma winemakers Girls Gone Wine is suing Mantra Films in response to a cease-and-desist letter from the “Girls Gone Wild” producers. “The U.S. Patent and Trademark Office has already said, ‘There’s no issue here. They can co-exist,’” said … Continue reading

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Upcoming Conference: “Working From the World Up: Equality’s Future”

March 14-15, 2008 University of Wisconsin Law School, Madison, WI A New Legal Realism Conference – Celebrating the 25th Anniversary of the Feminism and Legal Theory Project Sponsored by: The University of Wisconsin Law School, the Institute for Legal Studies, … Continue reading

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Upcoming Conference: “Feminist Theory & Economic Vulnerability”

Feminist Theory & Economic Vulnerability March 7-8, 2008 University of Colorado Law School For a schedule of speakers, click here. A registration forms will be available soon. This workshop, co-sponsored by the Feminism and Legal Theory Project and the Colorado … Continue reading

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A Picture of A Disgusting Photographer

Can you spot him? Photo from a rather sexist celebrity site.  

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It’s the 35th Anniversary of Roe v. Wade

Here’s what might happen if it is overturned: More state-by-state information here. See also blogs such as RH Reality Check and the Reproductive Rights Blog.

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Mother/Father, Noun/Verb

There’s a comment posted on an earlier entry that raises an excellent point, one worthy of a bit of discussion. I’m concerned in this blog with parentage–with who is a parent. That means who is a mother and who is … Continue reading

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Why Mandatory Individual Income Tax Returns Are Preferable to the Current Joint Filing System

I buy into the usual reasons why mandatory individual filing is preferable to the current system that bestows benefits on only certain kinds of families: (i) “fairness” in the sense of treating equals equally, both in terms of different family … Continue reading

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Twins Who Marry, II

This story has been the subject of much commentary and surely almost all is said. But this link (included in the Telegraph version of the story) reveals a different aspect of the situation, one that has a great deal to … Continue reading

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Congressional Rep Loiuse Slaughter: Letters to DoD and DoS Regarding KBR Rape Case

She writes: “I am asking the Department of Defense and the State Department about their efforts to address crimes against government contracted employees, like in the case against former KBR employee Jamie Leigh Jones.” Read the letters here. Heart has … Continue reading

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Martha Nussbaum, “Carr, Before and After: Power and Sex in Carr v. Allison Gas Turbine Division, General Motors Corp,” 74 U Chi L Rev 1831 (2007)

Accessible here. The first two paragraphs are below: “Sexual harassment doctrine owes its primary theoretical impetus to the work of Catharine MacKinnon, who convincingly argued that sexual harassment is a form of sex discrimination. MacKinnon offered two different paradigms (the”difference”and … Continue reading

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