Category Archives: Feminism and Law

“World Conference on Japanese Military Sexual Slavery”

Info and overview at IntLawGrrls.

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Bulgaria Decides Not To Legalize Prostitution

NYT story here. Below is an excerpt: … Bulgaria is only the latest European country to shift its approach to prostitution. Finland last year made it illegal to buy sex from women brought in by traffickers, and Norway is on … Continue reading

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Federal Loan Forgiveness Bill Signed Into Law

I blogged about this bill last month. President Bush signed it into law last Thursday. Equal Justice Works has a good summary of the bill here and the ABA has an editorial about the bill and the importance of public … Continue reading

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Ken Burns’ “The War – An Intimate History” Overlooks Women

Read Heart’s post here. Read Dr. Violet Socks’ post here. And while you are at it, read Are Women Human?, about which this reviewer notes: … A recurring theme of MacKinnon’s book is that it is extremely difficult to get … Continue reading

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The Confluence of Online Dating, Copyright Law and Child Pornography

All brought together in the RIAA’s legal campaign against unauthorized music downloading. From Wired.com: Is 30-year-old Jammie Thomas of Minnesota also a Kazaa user named Tereastarr, who allegedly downloaded and shared copyrighted music? The Recording Industry Association of America says … Continue reading

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A Tale of Two Thomases

Yesterday a jury determined that Isiah Thomas sexually harassed Anucha Browne Sanders and that  Madison  Square  Garden management  fired Ms. Sanders in retaliation for reporting the harassment.   According to this story in the New York Times: Mr. Thomas emerged … Continue reading

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High court won’t review N.Y. law mandating birth-control coverage

Read Kathleen Bergin’s post here.

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Eye Witness Testimony

So last summer I was the victim of a crime. The police had some strong ideas about who might have done it, so I had opportunities to try to identify the perpetrator twice. Both line ups were really well done, … Continue reading

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“The Wrong Kind of Privacy”

Julie Shugarman writes: I recently received news that my friend Kelly was found dead in her single room occupancy [1] hotel in Vancouver, several days after she had died. [2] I knew Kelly as a great force working to improve … Continue reading

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Suit Challenges College Decision to Admit Men

The Board of Randolph-Macon Women’s College, now Randolph College, voted last year to change its single-sex education policy and admit male students. The Virginia Supreme Court agreed to review two cases challenging the transition. From the AP: The first lawsuit, … Continue reading

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CFP: HADASSAH-BRANDEIS INSITUTE PROJECT ON GENDER, CULTURE, RELIGION AND THE LAW

UNTYING THE KNOTS; THEORIZING CONFLICTS BETWEEN GENDER EQUALITY AND RELIGIOUS LAWS, April 14-15 2008 at Brandeis University KEYNOTE SPEAKERS: DR. SHIRIN EBADI and PROFESSOR JODY WILLIAMS, Nobel Peace Prize Laureates and founders of the Nobel Women’s Initiative Throughout the world, … Continue reading

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Anita Allen, “Face to Face With ‘It’: And Other Neglected Contexts of Health Privacy”

The abstract: “Illness has recently emerged from the obscurity of medical treatises and private diaries to acquire something like celebrity status,”Professor David Morris astutely observes. Great plagues and epidemics throughout history have won notoriety as collective disasters; and the Western … Continue reading

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Marriage of Fools

Fools can marry, but they cannot make a last will and testament.  To state the principle more precisely, the mental capacity required to enter into a legally binding marriage is lower than the mental capacity required to execute a valid … Continue reading

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Which Two States Don’t Have Any Female Judges On Their Highest Courts?

According to this article: Indiana and Idaho.

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Pornography, Prostitution and “Liberals”

In August of 2000 the New York Observer published an interview with Larry Flynt that also included some quotes by Dennis Hof, owner of the “Moonlite Bunny Ranch” brothel in Nevada (I’m not going to link to this establishment’s web … Continue reading

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Nicola Lacey, “From Moll Flanders to Tess of the D’Urbervilles: Women, Automony and Criminal Responsibility in Eighteenth and Nineteenth Century England”

The abstract: In the early 18th Century, Daniel Defoe found it natural to write a novel whose heroine was a sexually adventurous, socially marginal property offender. Only half a century later, this would have been next to unthinkable. In this … Continue reading

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Above The Law Finds Hilarity In Law Firm Lactation Rooms

Yep, more humorless feminism. The jokey and idiotic ATL post is here, and naturally many of the comments are hideous. You are probably expecting the sexism, but maybe not the racism. I think lactation rooms are great and also important … Continue reading

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Melissa Farley, “Prostitution and Trafficking in Nevada: Making the Connections”

From this site: Prostitution and Trafficking in Nevada addresses the scope of the sex industry in Nevada, including human rights violations against women in the Nevada legal brothels. The book describes how the multibillion-dollar illegal sex industry in Las Vegas … Continue reading

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Title IX Sexual Harassment Case Against The U. of Colorado Reinstated

On September 6th, the U.S. Court of Appeals for the 10th Circuit reversed an appalling dismissal of a Title IX sexual harassment case, Simpson v. University of Colorado. Here are some excerpts from the AAUW’s “case history”: Lisa Simpson, former … Continue reading

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Federal Loan Forgiveness Bill

Great news for current or aspiring public interest lawyers. A federal loan forgiveness bill has been approved by veto-proof majorities in both houses of Congress. Here’s the notice from the ABA: The unattractive-sounding “income-contingent repayment option” is to be amended … Continue reading

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A Woman’s Perspective on Polygamy

Provided here at cnn.com. -Ralph Michael Stein

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Opportunities to Educate about International Human Rights Norms on Sexual Orientation and Gender Identity

“All human beings are born free and equal in dignity and rights” – Article 1, Universal Declaration of Human Rights If your university or organization is preparing an event to mark Human Rights Day this December 10th, the anniversary of … Continue reading

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Kevin Noble Maillard and Janis L. McDonald, “The Anatomy of Grey: A Theory of Interracial Convergence”

Here is the abstract: This article offers a theory of racial identity divorced from biological considerations. Law fails to recognize the complexity of racial performance and identity, thus categorically simplifying a perceived polarity of black and white. Ground-breaking scholarship addressing … Continue reading

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Title IX Action Against University of Colorado May Proceed

Yesterday the 10th Circuit issued this opinion reversing and remanding the District Court’s grant of the University of Colorado, Boulder’s motion summary judgment in a Title IX case brought against the University by two women who claimed they were raped … Continue reading

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Pro-Choice Senators Vote To Overturn Global Gag Rule

NARAL account here. LA Times report here, which notes: Defying a White House veto threat, the Democratic-controlled Senate voted Thursday to overturn a long-standing ban on U.S. funding for overseas family planning groups that support abortion. The vote was 53-41, … Continue reading

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Good News from Kansas

LGBT state employees received some good news at the end of last week.   The Governor of Kansas, Kathleen Sebelius, signed an executive order on August 31 that bans harassment  and  discrimination on the basis of sexual orientation and gender … Continue reading

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This is Front Page News?

The New York Times reports today that police in Nassau County, New York (Long Island) have made “more than 70 arrests since it began focusing on Craigslist last year, one of numerous crackdowns by vice squads . . . ‘Craigslist … Continue reading

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Feminism and Fashion

You may have seen this NYT article, “Before Models Can Turn Around, Knockoffs Fly.” It documents the push by elite members of the fashion industry to obtain copyright protection, or possibly formulate a new sui generis (stand alone) form of … Continue reading

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On Larry Craig

My thinking on his arrest and the current media frenzy about it is rather muddled. One the one hand, I understand what Bill Araiza is saying at Prawfsblawg and the similar view Hilzoy articulated at Obsidian Wings. Larry Craig appears … Continue reading

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“Eve Teasing” and The Blank Noise Project

Via Feminist Law Prof Lesley Wexler, an article about street harassment in India, excerpted below: … The efforts of academics, women’s groups, and artists like Patheja are raising major questions about gender issues and the need for safe public space … Continue reading

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Scholarship on Abortion in the Middle East and North Africa, Spain, and Trinidad and Tobago

Links, titles and abstracts over at Reproductive Rights Prof Blog.

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No Fishing, Hiking or Golfing at the Glamorous Girls Camp

Lydia Houck, a nine-year-old girl in Windsor, Nova Scotia, was told (link is here) last week that she wouldn’t be allowed to attend a municipality-sponsored one-day fishing, hiking and golfing event for 5-to-12 year olds.   Why?   Because it … Continue reading

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South Carolina, States Rights and Feminism

Over at Prawfsblawg Scott Moss asked readers for their favorite bad legal argument. On entrant was the South Carolina Attorney General Charlie Condon’s position in Reno v. Condon. You can listen to here. The stupid starts really flying around 30 … Continue reading

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10th Circuit Victory for Same-Sex Parents of Adopted Children

Earlier this month, the 10th Circuit upheld a lower court’s ruling striking down an Oklahoma statute, the Adoption Invalidation Law, that effectively made children adopted by same-sex couples in other states legal orphans when the families were in Oklahoma. The … Continue reading

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Student’s ‘Consensual’ Sex With Teacher Deemed Actionable Under Title IX

Full account at the Title IX Blog.

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There Is Nothing Rebellious Or Countercultural About Being “Pro-Porn”

From a NYT article entitled “Federal Effort on Web Obscenity Shows Few Results” we learn about a Justice Department grant to a conservative religious group called “Morality in Media” that pays people to review “sexual Web sites and other Internet … Continue reading

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“Judge scolds trooper for way he treats women”

From the (Raleigh NC) News & Observer: A Superior Court judge rebuked a state trooper Wednesday for targeting young, female drivers in his traffic stops. Scott M. Harrison was often the lone trooper patrolling Wake County overnight. One woman testified … Continue reading

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What Does Ethan Leib’s Essay “A Man’s Right To Choose (An Abortion)” Mean?

Click here to read Ethan Leib’s”A Man’s Right To Choose (An Abortion?)” Here is the abstract: This article attempts to argue – contra Danforth and Casey – for a man’s right to participate in the abortion decision and provides some … Continue reading

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AT&T Will Censor Internet Content, So The Government Doesn’t Have To!

The LA Times reports that AT&T censored a performance by Pearl Jam, in an article that notes: In a prominent nod to one of the festival’s lead sponsors, the logo for this year’s Lollapalooza concerts in Chicago includes the tag … Continue reading

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Renewable Energy and the Feminist Legal Agenda

Earlier this week, the House of Representatives passed a tax bill that provides a variety of incentives for renewable energy: The Renewable Energy and Energy Conservation Tax Act of 2007 includes tax credits and bonds to promote investment in renewable … Continue reading

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Unprosecuted Abuse of Native American Women

This article in the LA Times  raises the question of what law governs the crime of sexual abuse of a Native American women by non-Native men.   there is a huge problem that is being regularly ignored in our country. … Continue reading

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Another Rape-Related Criminal Prosecution….

…of the Complainant.

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“Differential Pricing at Law Firms & Gender”

Feminist law prof Christine Hurt has an interesting and important post up on this topic at The Conglomerate. Below is a short excerpt: … I’ve known a number of female associates who try to pick family-friendly departments in law firms … Continue reading

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Proposed Ohio Law Would Require Man’s Permission For Abortion

Story here, below is an excerpt: Several Ohio state representatives who normally take an anti-abortion stance are now pushing pro-choice legislation – sort of. Led by Rep. John Adams, a group of state legislators have submitted a bill that would … Continue reading

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Porn Company Uses Photo of 14 Year Old Without Permission

According to The Consumerist: When Lara placed a self-portrait taken at age fourteen on deviantART, she never expected it to be stolen by TVX Films and placed on the cover of the DVD porno “Body Magic.” Lara asked the President … Continue reading

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“Family-Leave Values”

Last Sunday’s NYT had this article about family leave. Here are a couple of excerpts: … Until recently, lawsuits claiming workplace discrimination because of family care-giving obligations were rare : in part because, however harsh it may seem to lose … Continue reading

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Who’s Your Egg Donor? The British Government Wants the World to Know

From this article in the London Times: The birth certificates of children born from donated eggs and sperm would be marked with details of the way they were conceived, under proposals advanced yesterday [July 31, 2007]  by MPs and peers. … Continue reading

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Mapping A Third-Wave Feminist Legal Agenda for Child-Care

Child-care is expensive; American families with mothers make average monthly child-care payments of an estimated 6.9% of their average monthly family income.[1]   But this percentage can vary considerably depending on the geographic location of the family and the type … Continue reading

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Canada Grants Asylum To Woman Trying To Protect Her Daughter From FGM

Women’s Enews account here. The article notes in pertinent part: A growing number of women are requesting asylum in Western countries to escape gender-based persecution. As a signatory of the 1951 United Nations’ Geneva Convention Relating to the Status of … Continue reading

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Lilly Ledbetter Fair Pay Act Passes House

Yesterday, the House voted 225-199 in favor of the Lilly Ledbetter Fair Pay Act.   Now onto the Senate.   Call your Senators. – David S. Cohen

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