Category Archives: Feminism and Law

Abortion in Poland

According to this “Todayonline” article: … Abortion is only allowed in Poland in cases of rape, incest, danger to the mother’s life or irreversible malformation of the foetus. Breaking the law carries a two-year jail term. Recently the ultra-Catholic far … Continue reading

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Privacy and Abortion

It’s been fashionable for a long time to decry the reasoning behind Roe v. Wade as insufficiently focused on women’s equality and too much focused on privacy. After all, the Supreme Court justified denying public funding for poor women’s abortions … Continue reading

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Betrayal By the Supposedly Liberal Dudes of Nicaragua

Read Heart’s post: “War on Women in Nicaragua: Left and Right Unite in Total Ban on Abortion” I think we face the same possibility here in the United States. I hope I am wrong. Every time I see Harry Reid … Continue reading

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A Nightmare

DNA clears man of 1981 rape conviction. Unbelievably awful for the wrongly imprisoned man, and fairly horrible for the woman who was raped and cut with a knife as well. Her side of the story is not reported in the … Continue reading

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“An appellate court said Maryland’s rape law is clear — no doesn’t mean no when it follows a yes and intercourse has begun.”

Short news story here, via Sinister Girl. The lenthy court opinion in the case, Maouloud Baby v. State of Maryland, is accessible here. It is not pleasant to read, to put it mildly. Update: Analysis at Sex Crimes.

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Geoffrey Stone on “Gay Marriage in New Jersey”

At the U of Chicago Law School’s Faculty Blog. Here is an excerpt: We have come a long way. I remember the first time a student wrote on a classroom blackboard “Come to the First Meeting of Gay Law Students … Continue reading

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Planned Parenthood, Cecile Richards, and South Dakota

An essay by Jennifer Baumgardner in The Nation describes the challenges facing Planned Parenthood. Here is a short excerpt: … And yet, there is a gap between Planned Parenthood’s reach and its grip: its ability to make politicians bend to … Continue reading

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Judge Holds That Exposure Law is Gender Specific

According to this Yahoo News article: A judge dismissed an indecent exposure charge against a woman accused of disrobing in front of a 14-year-old boy, saying the law only applies to men. Superior Court Judge Robert W. Armstrong said earlier … Continue reading

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The Path To Marriage In New Jersey

A few days ago the NJ Supreme Court stopped short of ordering full marriage rights for same-sex couples.   Instead, the court ordered the legislature to institute a system of equal benefits and rights for them, whatever that system may … Continue reading

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Court to “Toto” Constant: Pay $19M in damages to women raped and otherwise tortured by death squad under your command

The Center for Justice and Accountability (www.cja.org), on whose founding Board of Directors I served, has just announced a significant victory for justice. The US District Court for the Southern District of New York has ordered Emmanuel”Toto”Constant to pay $19 … Continue reading

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Decision in NJ Same-Sex Marriage Case

The New Jersey Supreme Court ruled today that denying same-sex couples the benefits that opposite-couples receive through marriage violates the New Jersey Constitution and that the state legislature should determine the appropriate remedial steps.   The Court reasoned: Denying committed … Continue reading

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“Desperately Seeking Susan”

Great NYT Op-Ed today by Stacy Schiff, challenging the view that Susan B. Anthony was opposed to abortion, or would be today. Below is an except: …In her personal life Anthony was clear in her conviction that women were not … Continue reading

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The San Francisco Chronicle’s Series on Sex Trafficking

Part one Part two Part three Part four How the paper reported the series And…finding help: Coalition Against Trafficking in Women, Global Fund for Women, The Protection Project, Human Rights Watch Campaign Against the Trafficking of Women and Girls, Global … Continue reading

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U.S. Military: “a system where there’s no intervention or punishment for sexual assault”

Commentary by Marie Tessier, via the Women’s Media Center: … Until late last week, Brakey was the only woman to see her sexual assault allegations proceed to a court-martial from widely reported Air Force Academy revelations in 2003, though more … Continue reading

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Part Two in the San Francisco Chronicle’s Series on Sex Trafficking: “A Youthful Mistake”

Read it here. Below is an excerpt: The man was athletic, muscular. After showering, he led her to the bed and stretched out on his stomach. You Mi began massaging his shoulders. Suddenly, he jumped off the bed, declared he … Continue reading

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The San Francisco Chronicle is publishing a series of investigative reports about sex trafficking

Part One is here. Below is an excerpt: Many of San Francisco’s Asian massage parlors — long an established part of the city’s sexually permissive culture — have degenerated into something much more sinister: international sex slave shops. Once limited … Continue reading

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“Stand Against Women Stoned to Death You Apathetic Monsters”

Did that post title get your attention? It got mine too. The original post it graces is here. Blogger Ali Eteraz writes: “This is a call for action to do our small part in coming to the assistance of the … Continue reading

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Posted in Acts of Violence, Feminism and Law, Sisters In Other Nations | 1 Comment

Robin Fretwell Wilson, “Don’t Let Divorce Off the Hook”

Congratulations to Robin Fretwell Wilson on her Op-Ed in the NYT that appeared October 1st! Here is an excerpt: NEW YORK is one of the few states without unilateral no-fault divorce, which means that New York couples can get a … Continue reading

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Posted in Academia, Feminism and Law, Feminist Legal Scholarship | 1 Comment

Forced Sterilizations in SC

A local politician, Charleston SC City Councilor Larry Shirley, recently made this public pronouncement, which he later characterized as “starting a dialogue about reducing crime”: “We pick up stray animals and spay them. These mothers need to be spayed if … Continue reading

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Posted in Feminism and Law, Feminist Legal History, Legal Profession, Reproductive Rights | 1 Comment

Sex Toys in Texas

Don’t dare call them dildos! And in related news… it was cert. denied in Acosta v. Texas, which asked the Court to consider “whether a Texas prohibition on the sale of sex toys is unconstituional on Due Process grounds, especially … Continue reading

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Upcoming SCOTUS Abortion Cases

The Kaiser Daily Women’s Health Policy Report on Abortion-Related Cases in the New Supreme Court Term: The docket for the U.S. Supreme Court term beginning Monday is scheduled to include a Department of Justice appeal to uphold a federal law … Continue reading

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Judicial Bypass Resources

This post is copied from the wonderful Reproductive Rights Blog in an effort to circulate it as widely as possible, but that blog deserves all the credit for collecting and initially publishing this information, which after a bit of spot … Continue reading

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Posted in Feminism and Law, Feminist Blogs Of Interest, Reproductive Rights | 1 Comment

Tax Refunds Biased Against Women

In a story entitled “Tax refunds show bias tilted toward men” the Albany Times Union reports: …[NY] state has been mailing out $675 million in rebates through the STAR, or School Tax Relief program, since Sept. 18. But many checks … Continue reading

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The Rutgers Law Review and Rutgers School of Law-Newark present: SAME-SEX COUPLES AND “THE EXCLUSIVE COMMITMENT” Untangling the Issues and Consequences

Friday, November 10, 2006 9:30 a.m. to 4:30 p.m. Rutgers School of Law-Newark Center for Law and Justice 123 Washington Street Newark, New Jersey Morning: Process and Consequences of Same-Sex Unions ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This panel will discuss the legal and economic … Continue reading

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Not Funny, Redux

The Happy Feminist, a practicing attorney, posted a story about a work-related experience she had that involved a “joke” that few feminists would find amusing. Below is an excerpt: Back in 1999, when I was a 27 year old prosecutor, … Continue reading

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Posted in Feminism and Law, Feminist Blogs Of Interest, Legal Profession | 3 Comments

Another Post About Pornography

The first chapter of David Foster Wallace’s recent book, Consider the Lobster, is about the adult film industry circa 1997, and within it Wallace observes: The thing to recognize is that the adult industry’s new respectability creates a paradox. The … Continue reading

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Posted in Feminism and Law | 1 Comment

“Turning Back the Clock on Rape”

Below is an editorial that appeared in the NYT on 9/23/06, with some links added: In recent decades, women’s advocates and human rights activists have made huge progress on the issues of rape and sexual assault : in the United … Continue reading

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Unregulated “Courts”

Today the NYT is featuring an article entitled “In Tiny Courts of New York, Abuses of Law and Power.” Here are the opening paragraphs: Some of the courtrooms are not even courtrooms: tiny offices or basement rooms without a judge’s … Continue reading

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The “Title IX Blog”

Feminist law profs Erin Buzuvis and Sudha Setty have launched the     Title IX Blog! It is “an interdisciplinary resource for news, legal developments, commentaries, and scholarship about Title IX, the federal statute prohibiting discrimination on the basis of … Continue reading

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“Jailing Pregnant Women Raises Health Risks”

Commentary by Julie B. Ehrlich, a law student at New York University and legal intern at National Advocates for Pregnant Women, and Lynn M. Paltrow, an attorney and executive director of National Advocates for Pregnant Women: In recent months, pregnant … Continue reading

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The Texas All-Woman Supreme Court, 1925

In reading the latest issue of the Texas Bar Journal, I noticed a brief reference to “the All-Woman Supreme Court, which was appointed to hear only one case.” Intrigued, a researched a bit further. In 1925, the Texas Supreme Court … Continue reading

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Homophobic “Dykes On Bikes” Trademark Opposer Held To Lack Standing Because He Pees Standing

Michael J. McDermott, who describes himself as “a Male Citizen of the United States and a fourth generation native son of the City of San Francisco,” filed an opposition to a trademark application filed by the San Francisco Women’s Motorcycle … Continue reading

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Linda Hirshman Wants to Punish Lawyers Who Stop Practicing Full Time

WOMEN IN THE PROFESSION Staying on the job Linda Hirshman/Special to The National Law Journal September 4, 2006 Well, we recently had the bar exam. In every state, thousands of would-be barristers lined up at testing centers to show what … Continue reading

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The New York Court of Appeals Hears Challenge to NY’s Women’s Health and Wellness Act of 2003

New York’s Women’s Health and Wellness Act, which went into effect on January 1, 2003, makes preventive health care services and treatment more available women by requiring insurance plans to cover things like osteoporosis exams, prescription contraceptives, and breast and … Continue reading

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“Gratitude?”

Amazing post by Amananta at Screaming into the Void. Below is an excerpt: “…So American women are supposed to feel indebted for our freedoms – to whom, exactly? To someone not women, in other words, men? We should thank them, … Continue reading

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I Don’t Own a Tee Shirt, Or Any Other Garment, That Says: “You Cum Like a Girl”

And I probably won’t be buying any in the future. You might be wondering: “Why do I need to know that?” Read on! I’m not a big fan of people trying to propertize speech by trademarking words or phrases that … Continue reading

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What’s A Girl To Do?

I guess this is going to seem minor in the larger scheme of things, but I found it irritating enough to warrant a short comment. The title of a post at The Patry Copyright Blog is: “Transfer? Dismiss? Appeal? What’s … Continue reading

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Legal Discrimination Against Women in Hiring

My name is Kiki Peppard and I live in a town appropriately called Effort in Pennsylvania. I have been trying for 12 years to end discrimination against women in job interviews. In this state, it is NOT illegal to ask … Continue reading

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Nantiya Ruan on Payments to Plaintiffs in Discrimination Class Action

Nantiya Ruan (U. Denver Law School) has posted on SSRN, Bringing Sense to Incentives: Harmonizing Courts’ Chaotic Caselaw on Class Action Incentive Payments.   It makes what I find to be a really persuasive point about how courts handle class … Continue reading

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Driving While Female

According to this article in the Philadelphia Inquirer entitled “Extorting Sex With A Badge,” sexual abuse by police officers is alarmingly common. Here’s an excerpt: Sex abuse by police has received little of the attention or urgency given police brutality … Continue reading

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The Kind of Satire That Often Isn’t Funny: David Lat’s “Hottest ERISA Lawyer in America” Contest

David Lat, at his new blog Above The Law, is holding a contest “to find the hottest ERISA lawyer in America.” Here is an excerpt from the announcement post: Turn on those digital cameras, fire up those email accounts, and … Continue reading

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“Women Suddenly Scarce Among Justices’ Clerks”

From the NYT: Women Suddenly Scarce Among Justices’ Clerks By LINDA GREENHOUSE WASHINGTON, Aug. 29 : Everyone knows that with the retirement of Justice Sandra Day O’Connor, the number of female Supreme Court justices fell by half. The talk of … Continue reading

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Tenth Cir. Upheld Imprecise Abortion Statute

Tha case is Nova Health Systems v. Edmondson, 05-5085 (10th Cir., Aug. 25, 2006). The law blog Decision of the Day reported: In a big abortion decision, the Tenth Circuit affirms the denial of a preliminary injunction against enforcement of … Continue reading

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Judge rules that New York Human Rights Law protects transgendered people

Text of ruling here. Press account here. Via Feministing.

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Robin Morgan Channels the Framers in Her New Book “Fighting Words”

From Robin Morgan’s website: In Fighting Words, Robin Morgan has assembled a toolkit for arguing, a verbal karate guide: a lively, accessible, eye-opening collection revealing what the framers (and other leading Americans) really believed:in their own words. She resurrects the … Continue reading

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It’s Women’s Equality Day

On August 26, 1920, after 72 years of lobbying and protest, women finally won the right to vote in the United States. NOW is asking people to sign this petition to the prospective 2008 presidential candidates, urging them to make … Continue reading

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Prof. Anthony D’Amato argues that porn has decreased rape.

Glenn Reyolds proposed this thesis at Instapundit a while back. Now law prof Tony D’Amato has posted a short law review article, “Porn Up, Rape Down,” with the same thesis; it is downloadable at SSRN here. Below is the abstract: … Continue reading

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New Paper on Confidential Settlements (mine)

I’ve recently posted on SSRN an article that’s sort of half employment discrimination, half civil procedure, and half economic analysis: Illuminating Secrecy: A New Economic Analysis of Confidential Settlements, 105 Mich. L. Rev. __ (2007).   The reason I think … Continue reading

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Plan B, a.k.a. The Morning After Pill, Cleared by the FDA For OTC Sales To Those Over 18 Years Old

NYT story here. See also this post and embedded links.

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Let Me Know of Your Scholarship

I’ve meant to say this for a while: some of my posts are of the “hey, here’s an interesting new piece of gender-related scholarship” variety, so I would love to hear (and post) about new (or recent) works by by … Continue reading

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