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Category Archives: Feminism and Law
The Women’s Equality Amendment (aka ERA All Over Again)
Today’s Washington Post has this article about a possible “revival” of the ERA: Federal and state lawmakers have launched a new drive to pass the Equal Rights Amendment, reviving a feminist goal that faltered a quarter-century ago when the measure … Continue reading
Posted in Feminism and Law, Feminism and Politics
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Race, Class, Gender, Disability and Prostitution, All In One Sad and Awful Local News Story
“Immigration officials are searching for a Mexican national they say forced young Mexican women : including a 14-year-old girl and a 19-year-old deaf woman : to work as prostitutes in Columbia [South Carolina], sometimes servicing up to 40 clients a … Continue reading
Posted in Acts of Violence, Feminism and Law, Women's Health
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Still More About Misogyny and Blogging
Kathy Sierra’s story, as discussed here, has generated a variety of blogospheric responses, such as this post at Pandagon, and this post at Mathewingram.com and this post at BlogHer, and this post at Odd Time Signatures. Tech blogger Robert Scoble … Continue reading
Posted in Acts of Violence, Blog Administration, Feminism and Law
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Susan Franck, “Empirically Evaluating Claims About Investment Treaty Arbitration”
Here is the abstract: With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such enquiry is the resolution of disputes from investment … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Sisters In Other Nations
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No Gay Marriage = No Gay Adoption?
Today’s AP carries a story under the headline “Lesbian Argues Ga. Gays Can’t Adopt Kids.” A Georgia woman, now split from her female partner, seeks to void the partner’s adoption of her minor child. Reporter Greg Bluestein details: … Continue reading
Posted in Feminism and Law, Reproductive Rights
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An Abortion, or $500?
Via Reuters/CNN.com: A Texas legislator has proposed that pregnant women considering abortion be offered $500 not to end their pregnancies. Republican State Sen. Dan Patrick, who also is a conservative radio talk show host, said Friday the money might … Continue reading
Posted in Feminism and Law, Reproductive Rights
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Coke v. Long Island Care at Home
The NYT has a decent story about this case that will soon be heard by the Supreme Court, in which Evelyn Coke is challenging provisions in the Fair Labor Standards Act that exempt home health care aides from federal minimum … Continue reading
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“Germany Cites Koran in Rejecting Divorce”
From the NYT: A German judge has stirred a storm of protest here by citing the Koran in turning down a German Muslim woman’s request for a fast-track divorce on the ground that her husband beat her. In a remarkable … Continue reading
Posted in Acts of Violence, Feminism and Law, Sisters In Other Nations
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“The Horrifying Honaker Nomination”
Guest (re)post by Sharon Breitweiser, executive director of NARAL Pro-Choice Wyoming: Talk about a blast from the past… President Bush is at it again, this time in my own backyard. I swear, nothing this administration does surprises me anymore, yet … Continue reading
Posted in Feminism and Law, Legal Profession, Reproductive Rights
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Two Women Working in Bar Foil Likely Rape Attempt
From the SF Chron: It looked for all the world as if the couple on a date — he was darkly handsome and a little older than the pretty, petite blonde with the Russian accent — were having a great … Continue reading
Posted in Acts of Violence, Feminism and Law, Women's Health
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This Is Very Difficult To Read And Absorb
Yahoo News reports: Sudanese women to be stoned for adultery: Amnesty Two Sudanese women have been sentenced to death by stoning for adultery after a trial in which they had no lawyer and which used Arabic, not their first language, … Continue reading
Posted in Acts of Violence, Feminism and Law, Sisters In Other Nations
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Deana Pollard, “Sex Torts”
The abstract: Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists relative to consent to sexual relations. Although American law historically … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Women's Health
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Rebecca Tushnet, “My Fair Ladies: Sex, Gender, and Fair Use in Copyright”
The abstract: Both parodies and legal opinions reflect the culture from which they come, and our culture has many anxieties about sexuality and about women’s bodies. This article explores the ways in which these anxieties play out in fair use … Continue reading
Posted in Feminism and Culture, Feminism and Law, Feminist Legal Scholarship
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Derrida Papers Controvery Update: The U of Florida “Knew Nothing” About Sexual Harassment Sanctions
The Gainesville Sun reported: A vampire expert at the University of Florida stands at the center of a bizarre tale about which UF officials say they only recently learned. Dragan Kujundzic, who was ousted as chair of UF’s department of … Continue reading
Posted in Academia, Feminism and Law, Feminists in Academia
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8th Cir. Rules That Title VII Does Not Require Insurance Coverage for Contraceptives
Full opinion in Standridge v. Union Pacific RR here. Read more at the Reproductive Rights Prof Blog.
Posted in Feminism and Law, Reproductive Rights, Women's Health
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Penelope Andrews, “Women’s Human Rights and the Conversation Across Cultures”
Penelope Andrews The abstract reports: “This comment examines the vision of women’s rights and equality as outlined in CEDAW. It raises some of the possibilities and limitations associated with universalizing legal norms in a context of enormous global disparities, particularly … Continue reading
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More About Online Harassment
Today’s Chron has an article entitled: 2 Deans Denounce Online Law-Students’ Discussion Board That Allows Anonymous Personal Attacks which reports in pertinent part: A law-students’ chat site whose operators have refused to remove derogatory, sexist, and racist postings about individual … Continue reading
Posted in Feminism and Law, Sexism in the Media
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Pelvic Exams and Informed Consent
This post at Women’s Health News reports: The New England Journal of Medicine has a perspective piece by Adam Wolfberg in the current issue (1), “The Patient as Ally : Learning the Pelvic Examination,” which addresses the issue of teaching … Continue reading
Posted in Acts of Violence, Feminism and Law, Feminist Legal Scholarship, Women's Health
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Joan MacLeod Heminway, “Martha Stewart’s Legal Troubles”
Editor and Feminist Law Prof Joan MacLeod Heminway is a good friend and brilliant scholar. Here is the Amazon.com description of her new book: Martha Stewart’s Legal Troubles: Heminway brings together essays written by legal scholars specializing in both white … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Recommended Books
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Elizabeth M. Schneider, “The Dangers of Summary Judgment: Gender and Federal Civil Litigation”
The abstract: This Article examines the problematic application of summary judgment in federal courts through a study of gender cases. Identifying a new dimension of the interrelationship between procedure and gender, I examine the ways in which summary judgment impacts … Continue reading
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The New Hampshire House of Reps voted to repeal a parental notice abortion law
Press Release Direct from NARAL: Nancy Keenan, president of NARAL Pro-Choice America, praised New Hampshire legislators for voting overwhelmingly to repeal a dangerous parental-involvement mandate that had gone all the way to the Supreme Court. “Teens in trouble should turn … Continue reading
Posted in Feminism and Law, Reproductive Rights
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Derrida Papers Controversy Turns Out To Have Sexual Harassment Component
A little over a month ago the Chron reported that the University of California at Irvine was suing the family of Jacques Derrida over the philosopher’s papers. Two weeks later the LA Times reported that U.C. Irvine was dropping its … Continue reading
Posted in Academia, Feminism and Law, Feminist Blogs Of Interest
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Upcoming Conference: Constituting Equality: Comparative Constitutional Law and Gender Equality
Constituting Equality: Comparative Constitutional Law and Gender Equality at the Indiana University School of Law–Bloomington on March 23 and 24, 2007 Interest in comparative constitutional law has exploded in recent years, but the burgeoning field has paid little attention to … Continue reading
Posted in Feminism and Law, Upcoming Conferences
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Medical Privacy, or Lack Thereof, and Profits
Deborah Peel, MD writes in an e-mail that is quoted here with permission: Fortune Magazine lauds one of the nation’s largest data miners of medical records, without any awareness that one major reason for the corporation’s success (revenue of $88 … Continue reading
Posted in Feminism and Law, Women's Health
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Former Police Officer Avoids Punishment For Stalking and Harassment by Promising to Join Military
The LA Times reports: By promising to join the military, a former Long Island police officer avoided jail time and probation Monday for hacking into his ex-girlfriend’s online dating account and setting up dates for her with men she didn’t … Continue reading
Posted in Acts of Violence, Feminism and Law
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Major Props To A Republican Politician: Wyoming’s Dan Zwonitzer
Pam Spaulding has the story at Pandagon. Here is a short excerpt from a speech he gave in opposition to a proposed gay marriage ban: … Under a democracy the civil rights struggle continues today, where we have one segment … Continue reading
Posted in Feminism and Law, Feminism and Politics
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Gender Bias In Supreme Court Outcomes?
Interesting but alarming new research: “Have We Come a Long Way Baby: Female Attorneys Before the United States Supreme Court” by John Szmer, (UNC-Charlotte), Tammy Sarver (Benedictine) and Erin Kaheny (UW-Milwaukee): Abstract: Numerous statistics indicate the presence of gender bias … Continue reading
Posted in Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Legal Profession
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Mitt Romney’s Evolving Views On Reproductive Rights
In his own 2002 words – see the video here. His current views are reported here. Sigh. Bonus 1994 beliefs: see also.
Posted in Feminism and Law, Reproductive Rights
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Sweatshops and Sex-“Tourism” in the Northern Mariana Islands, a U.S. Territory
In the Spring 2006 issue of Ms. Magazine, author Rebecca Clarren writes powerfully about the relationship between sweatshops and prostitution in the Northern Mariana Islands. According to Ms., thousands of women from Asia pay “recruiters” up to $7,000 for … Continue reading
Posted in Feminism and Law, Sisters In Other Nations
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“Sexually harassed Florida farmworkers get justice”
From the Southern Poverty Law Center: One of Florida’s largest fruit and vegetable wholesalers has agreed to pay $215,000 to settle allegations of sexual harassment in one of the few such lawsuits ever brought on behalf of farmworker women in … Continue reading
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Arizona Feminist Law Profs Beware
Actually, all profs in Arizona should beware. An Arizona Senate committee approved a bill last week that would fine professors at public universities and colleges for, while working: Endorsing, supporting or opposing any candidate for local, state or national office. … Continue reading
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Happy NJ Civil Union Day
Today, New Jersey’s civil union law takes effect. Yes, it’s “separate but equal,” but it’s a step in the right direction and provides concrete benefits for real people. New Jersey could have done better, but it’s done a … Continue reading
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Porter, Katherine M. and Thorne, Deborah, “The Failure of Bankruptcy’s Fresh Start”
Here is the abstract: An untested assumption of Chapter 7 bankruptcy is that it rehabilitates debtors for a fresh start in the economy. Using original, longitudinal data, we examine this assumption against the realities of life after bankruptcy. Our findings … Continue reading
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Reproductive Rights Laws 2006
The Guttmacher Institute, the greatest resource around for information and research about reproductive rights and health, has released its 2006 State Trend Report. It’s must-read material for those interested in the current state of reproductive rights in this country. Some … Continue reading
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Easy Activism: Go To Your Local Wal-Mart And Ask For Plan B
Later today I will visit several Wal-Mart pharmacies and request Plan B. Here’s why. Via IBTP. I don’t generally shop at Wal-Mart, although I recognize that the alternative big box discount department store that I frequent, Target, doesn’t give me … Continue reading
Posted in Feminism and Law, Reproductive Rights, Women's Health
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When is a Vibrator not a Vibrator?
Alabama’s anti-vibrator law, Ala.Code 1975 § 13A-12-200.2 (a)(1), previously blogged here, provides that,”It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed … Continue reading
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Sherri Williams v. Attorney General of Alabama: 11th Circuit Upholds Alabama’s Vibrator Ban
According to the opinion, there “is no fundamantal right to use sexual devices.” The previous S.J. in favor of the plaintiff was reversed. Spirited dissent by J. Barkett begins at page 43 (scroll down). I’d like to invite everyone in … Continue reading
Posted in Feminism and Law, Recommended Books, Women's Health
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In Which Steve Horner, Opposer of “Ladies Nights” at Bars, Compares Himself To Rosa Parks
From The Daily Show, so not entirely work-safe.
Posted in Bloggenpheffer, Feminism and Law
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Sex Selection
Glenn Cohen has a thoughtful and provocative post up at Prawfsblawg entitled “Sperm Sorting, Divergence, and Intimate Discrimination” that deserves reading, and perhaps a few comments if you are so inclined.
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The Virginia House of Delegates gave tentative approval to a bill to make it a felony for a woman to cause her own miscarriage
WaPo story here, which notes: …In a flurry of votes, the [Virginia] House gave preliminary approved to a bill that would require doctors to give women the option of viewing an ultrasound before an abortion. It also agreed to require … Continue reading
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Time Magazine on Rape and Consent
Recently the Maryland Court of Special Appeals ruled in a rape case addressing the legal issue of whether consent could be withdrawn after penetration, that no, it probably couldn’t be. The written opinion in the case, Maouloud Baby v. State … Continue reading
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“Overzealous Big Pork Stomps on Breastfeeding Blogger”
READ THIS POST. Thank you. Okay, you don’t like getting bossed around? You refuse to click on that link without at least a hint about what you are getting into? Here is an excerpt of the linked post: …The Lactivist … Continue reading
Posted in Feminism and Culture, Feminism and Law, Sociolinguistics
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Ambriz v. Kelegian: In Which Justice Might Finally Be Coming To a Rape Victim
Here is an excerpt from the facts recitation in a successful appeal from SJ: At the time of Ambriz’s rape, three of the four entrances to Ambriz’s building did not close and lock properly because the mechanisms on the entrance … Continue reading
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Estate of Miki Ann DiMarco v. Wyoming Dept. Of Corrections
This sounds like a terrible injustice. Here is the 10th Circuit’s description of the case (J. Tymkovich writing): Miki Ann DiMarco lived her life as a woman even though she was anatomically male. In 2000, after she violated the terms … Continue reading
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Horrifying Maltreatment of Rape Victim in Florida Reported
TAMPA – First, police say, a 21-year-old woman was raped at Gasparilla. Then, she was handcuffed and jailed – for two nights and two days. A jail worker with religious objections blocked her from ingesting a morning-after pill to prevent … Continue reading
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“Not Innocent”
The disconnect between legal culpability and social responsibility simmers just below the surface of reporting on the Duke sex scandal. In The Duke Assault Case: A Question of Race, CNN’s January 16 special on Duke, co-hosts Paula Zahn and Howard … Continue reading
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Dianne Avery and Marion G. Crain, “Branded: Corporate Image, Sexual Stereotyping, and the New Face of Capitalism”
Abstract: In this Article, we show how the adoption of increasingly sophisticated forms of marketing and branding strategies by service businesses creates property-like interests separate and distinct from workers’ physical and mental labor, from which employers profit: “branded service.” We … Continue reading
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William B. Turner, “‘The Gay Rights State’: Wisconsin’s Pioneering Legislation to Prohibit Discrimination Based on Sexual Orientation”
Abstract: This article describes the enactment of Wisconsin’s statute prohibiting sexual-orientation discrimination, the nation’s first such statute. In addition to providing details of the statute itself and the process of its enactment, the article focuses on the controversy within the … Continue reading
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Bhagwat, Faigman and Davis, “Brief of Constitutional Law Professors as Amici Curiae in Support of Respondents in Gonzales v. Carhart”
Here an excerpt from the abstract: The question of what level of deference is owed legislative findings of fact (whether made by Congress or by state legislatures) in constitutional litigation is not a new one. It divided the Supreme Court … Continue reading
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The Selected Papers of Margaret Sanger
Volume I: The Woman Rebel, 1900-1928 The birth control crusader, feminist, and reformer Margaret Sanger was one of the most controversial and compelling figures inthe twentieth century. This first volume of The Selected Papers of Margaret Sanger documents the critical … Continue reading
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