Category Archives: Feminism and Law

“Is It Wrong To Pay For Sex?”

From NPR. Those debating were: FOR THE MOTION Melissa Farley is a clinical and research psychologist with San Francisco-based nonprofit Prostitution Research & Education and an associate scholar with the Center for World Indigenous Studies. She wrote Prostitution and Trafficking … Continue reading

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Posted in Coerced Sex, Feminism and Law, Justice?, Sociolinguistics | 1 Comment

CBC News Sunday interview with Victor Malarek about his book “The Johns, Sex for Sale and the Men Who Buy It”

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Posted in Acts of Violence, Coerced Sex, Feminism and Law, Women's Health | 2 Comments

Murder Trial of Steven Green began this week in Kentucky

From Democracy Now: The trial of a former soldier accused in the 2006 rape and murder of an Iraqi teenager and the killing of her family has begun. Steven Green is accused of being the ringleader in raping and killing … Continue reading

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Where are the women? Another post about gender disparities at elite law journals.

In disciplines outside law, faculty appointments and promotions (including tenure) are not in the hands of student journal editors. Of course, they do not depend entirely on student-editors in law either – but they do in part. Coming from Canada … Continue reading

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Posted in Academia, Feminism and Law, Feminists in Academia, The Underrepresentation of Women | 3 Comments

South Carolina State Senator Wants to Further Victimize Prostitutes

The bill, introduced by S.C. Sen. Lee Bright will allow the state to take any property, real and personal, used to facilitate prostitution from prostitutes, which could easily be everything they own. Here’s the text: S. 436 STATUS INFORMATION General … Continue reading

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Obama says: “Now, the Freedom of Choice Act is not highest legislative priority.”

Here. See also this article entitled: “Obama says abortion rights law not a top priority.” Contrast that with his words when he was a candidate: “The first thing I’d do as president [to preserve abortion rights] is sign the Freedom … Continue reading

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Posted in Feminism and Law, Feminism and Politics, Reproductive Rights | 3 Comments

Damn, the Supreme Court has ruled that the FCC’s fleeting expletive rule is “okay” but withheld judgment on whether it is constitutional.

There has been a ruling in FCC v. Fox Television Stations. From the NYT: The Supreme Court ruled narrowly Tuesday in favor of a government policy that threatens broadcasters with fines over the use of even a single curse word … Continue reading

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Linda C. McClain, “Red Versus Blue (and Purple) States and the Same-Sex Marriage Debate: From Values Polarization to Common Ground?”

The abstract: What is the role of courts in circumstances of “values polarization”? The framing of this question brings to mind, but differs from, some familiar inquiries about the judicial role in circumstances of conscientious moral disagreement or value pluralism … Continue reading

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Lambda Legal assists children of disabled parents but the cases illustrate the risk of parentage orders.

Nancy Polikoff writes at Bilerico: Lambda Legal announced this week that the Social Security Administration has agreed to grant child benefits to the two children of a father receiving social security disability benefits. The issue concerned recognition of the parent-child … Continue reading

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Another “Where are the Women?” Entrant: The most recent volume of the Harvard Law Review features two articles by men and notes and case summaries by “anonymous.”

I assume there is some way to figure out who wrote the notes? Current system seems like a pretty effective way to hide gender disparities among other things. Meanwhile, here’s the ToC: Vol. 122 · April 2009 · No. 6 … Continue reading

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Gender and the Supreme Court “Vacancy”

Last week, Dahlia Lithwick wrote an intriguing article in Slate magazine regarding the frequently heard argument that President Obama’s first nominee to the Court should be a woman.   Lithwick quotes Justices Ginsberg and O’Connor lamenting the  dearth of women … Continue reading

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The impact of the underrepresentation of women in the media and SCOTUS, illustrated.

Historiann observes: Nina Totenberg’s report on All Things Considered last night on  the”strip search”case heard yesterday at the Supreme Court is the only news report I can find that notes that lone woman Justice Ruth Bader Ginsburg was on her … Continue reading

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Posted in Feminism and Law, Justice?, Sexism in the Media, The Underrepresentation of Women | 3 Comments

“Where Have All of the Female Rappers Gone?”

See this post here at the new(ish) Hip Hop Law blog! Another recent post is titled: “Candy Girls Are Not Made of Sugar and Spice and Everything Nice.”

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Posted in Academia, Feminism and Culture, Feminism and Law, Feminism and the Arts | 1 Comment

More about US v. Stevens, the Third Circuit decision that the federal law criminalizing the depiction of animal cruelty is an unconstitutional infringement on the First Amendment.

Previous post by Ruthann Robson here. The Oregon Animal Law blog noted that the ability to federalize the prosecution of animal cruelty cases has been effectively terminated with this ruling if it is followed by the other circuits. It probably … Continue reading

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Posted in Acts of Violence, Feminism and Animal Law, Feminism and Law | Comments Off on More about US v. Stevens, the Third Circuit decision that the federal law criminalizing the depiction of animal cruelty is an unconstitutional infringement on the First Amendment.

“Guns, threats, space, and gender”

Compelling post by Historiann, which begins: Inside Higher Ed featured a story yesterday  about universities that allow students to bring their guns to campus if they have concealed-carry permits, and states like Texas and Missouri where oh-so-brave state legistlators are … Continue reading

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Default Judgment in “Doe v. Fortuny”

From here: On February 20, 2008, an anonymous plaintiff sued Jason Fortuny in Illinois federal court for copyright infringement, invasion of privacy through the publication of private facts, and intrusion, after Mr. Fortuny allegedly posted his photograph and personal information … Continue reading

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Crush Porn Before SCOTUS

The United States Supreme Court has granted certiorari in US v. Stevens, 533 F.3d 218 (3rd Cir. 2008).   The usual report is that the case is about videotapes of dog-fighting and whether their sale can be criminalized under the … Continue reading

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Cyberstalking Conviction in Montana

A 28-year-old University of Montana student plead guilty to cyberstalking for sending threatening e-mails to his former girlfriend. Jeffrey D. Grob pleaded guilty in U.S. District Court in Missoula on Thursday. He faces possible penalties of 5 years in prison, … Continue reading

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Free Speech and the Internet: Public Radio Interviews of Gary LeBeau, David Rosen, Danielle Citron and Brian Leiter

Listen here.

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“American Violet”

From the movie website: Based on true events during the 2000 election, AMERICAN VIOLET tells the astonishing story of Dee Roberts (critically hailed newcomer Nicole Beharie), a 24 year-old African American single mother of four young girls living in a … Continue reading

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“Tormented by Cyberstalker, Ropes Partner Drafts New Legislation on Online Libel”

From Law.com: Ropes & Gray partner Joan Lukey is no stranger to litigation battles. As one of The American Lawyer’s Star Laterals of 2008 — she joined Ropes in June after 34 years at crosstown Boston rival Wilmer Cutler Pickering … Continue reading

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Posted in Acts of Violence, Feminism and Law, Feminism and Technology | 1 Comment

Another Law Review Enters the “Where Are The Women” Sweepstakes: The new issue of the NYU Law Review features 0 articles by women and one note out of three.

Via Concurring Opinions, the ToC ARTICLES Originalism Is Bunk Mitchell N. Berman Class Certification in the Age of Aggregate Proof Richard A. Nagareda Temporary-Effect Legislation, Political Accountability, and Fiscal Restraint George K. Yin NOTES Limiting Preemption in Environmental Law: An … Continue reading

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Posted in Academia, Feminism and Law, The Underrepresentation of Women | 8 Comments

“Contraception and Abortion”

In this FindLaw column Sherry Colb “discuss[es] a recent speech by a spokesperson for Feminists For Life (FFL), in which she said that FFL does not take a position on contraception (because some members favor it and some oppose). [Colb] … Continue reading

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Brave Afghani Women Protest Law Change

Did you see this article in the New York Times this morning, about the 300 women protesting a new law that would give men in the Shiite minority community virtually complete control over the lives of their wives?  The NYT … Continue reading

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Posted in Coerced Sex, Feminism and Law, Sisters In Other Nations | 2 Comments

Concurring Opinions is hosting a Symposium on Danielle Citron’s article “Cyber Civil Rights”

Frank Pasquale introduces it here and   here. Participants include: David Fagundes, Michael Froomkin, Nathaniel Gleicher, James Grimmelmann, Orin Kerr, Feminist Law Profs Nancy Kim and Susan Kuo, Daithí Mac Síthigh, Helen Norton, David Post, David Robinson and yours truly. … Continue reading

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The “Citizen Lawyer” is apparently almost always a dude.

Via Concurring Opinions, the ToC for the most recent issue of the William & Mary Law Review: Symposium: The Citizen Lawyer Paul D. Carrington & Roger C. Cramton, Original Sin and Judicial Independence: Providing Accountability for Justices Lawrence M. Friedman, … Continue reading

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“Why Do Female Tax Profs Do Better in the SSRN Rankings Than Their Nontax Counterparts?”

Paul Caron asks that question in a post here. He observes that in the most recent SSRN rankings, 25% (5) of the faculty in the Top 25 downloads (both all-time and recent) are women, which is wonderful and encouraging. These … Continue reading

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In Support of Mark Lemley

This blog reports: The National Law Journal reported yesterday that a U.S. District Court is allowing Anthony Ciolli, former Chief Education Director for AutoAdmit, to move ahead with his lawsuit against Stanford Law Professor Mark Lemley and others for wrongful … Continue reading

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“Women and SSRN”

Another “where are the women” post here, with a comments thread that is pretty much what you’d expect.   Condensed version:   “It’s your own fault you aren’t getting downloaded at the same rates as men, you dumb, lazy, inferior … Continue reading

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Media Coverage of the Verdict in Allison Williams v. Advertising Sex LLC

For background, go here. From an account at the HuffPo: … “I struggled every single day to maintain my law school studies, in the face of incredible stress and anxiety,” Williams said in a prepared statement. “Still, I refused to … Continue reading

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Nadya Suleman’s Art

A few days ago, in”A Pole-Dancing Mother of 14,”my colleague Bridget Crawford took strong issue with the view that”a woman who puts her body on display (in a lingerie contest, as a topless performer or as a mother of 14) … Continue reading

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Are there any women in U.S. prisons?

You wouldn’t know it from reading the New Yorker article described here.

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Breaking News: 7.2 million dollar verdict for women victimized by pornographers

The 7.2 million jury verdict was handed down this afternoon in U.S. District Court in the Northern District of West Virginia. Former Miss West Virginia, Allison Williams, filed a lawsuit in 2005 against 59 defendants who posted advertisements on pornographic … Continue reading

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“Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society” by Ian Kerr, Carole Lucock and Valerie Steeves

From the publisher: During the past decade, rapid developments in information and communications technology have transformed key social, commercial and political realities. Within that same time period, working at something less than internet speed, much of the academic and policy … Continue reading

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Race, gender, customer preferences and BFOQs

In Pleener v. NYC Board of Education, ___F.3d___ (2d Cir. Feb. 24, 2009), the Second Circuit affirmed that   an employer may never make an employment decision based upon the preferences of clients or customers, because race is never a … Continue reading

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More Politics of Abortion: A Defense of Prof. Dawn Johnsen

Over at Balkinization, Andrew Koppelman writes: Dawn Johnsen, President Obama’s nominee to head the Office of Legal Counsel, has been accused of misrepresenting a position she took in litigation, and I have been cited as authority against Prof. Johnsen. On … Continue reading

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This one is going to be controversial: “Worst Instincts: Cowardice, Conformity, and the ACLU” by Wendy Kaminer

Product Description What happens when an organization with the express goal of defending individual rights and liberties starts silencing its own board? Lawyer and social critic Wendy Kaminer has intimate knowledge of such a conflict between individual conscience and group … Continue reading

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

The Countess and the Mogul: Bad Divorce Law

Reform of divorce laws in light of the ways in which many women end up much worse off than their ex-husbands after divorce remains a huge problem for those of us concerned about Gender Justice. But consider the current divorce … Continue reading

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Why Colleges Become More Dangerous Places for Female Students During “March Madness”

Last Friday night, the Syracuse men’s basketball team was routed by Oklahoma, losing 84-71 – in no small measure because of the shooting collapse of Syracuse’s star guard Eric Devendorf, who finished the game with only 8 points. Why should … Continue reading

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Posted in Academia, Feminism and Law | 1 Comment

Red Tide Rising: Online Erotica in Conservative America

People in red states are significantly more likely to subscribe to internet pornography. At least this seems to be the upshot of a recent study by Harvard economist Benjamin Edelman (here) [and blogged by Professor Ann Bartow here].   According … Continue reading

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Posted in Coerced Sex, Feminism and Law, Feminism and Politics, Feminism and Technology | 5 Comments

John A. Humbach on “Pornography in the Cockpit: Did Common Sense Take Flight?”

Sexual harassment is a serious matter, and ought to be treated as such. Women (and men) who need to go out into the workplace for a living are legally entitled to do so without rude reactions to make them deeply … Continue reading

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Posted in Feminism and Law, Feminism and the Workplace | 5 Comments

Mary Anne Franks, “What’s Left of Pleasure? A Book Review of Janet Halley’s Split Decisions: How and Why to Take a Break from Feminism”

This book review appeared in 30 Harv. J. L. & Gender 257 (2007) Abstract: This book review critically evaluates Janet Halley’s “hedonics of critique,” a theoretical approach that prioritizes the celebration of pleasure over harm – harm that Halley claims … Continue reading

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United Airlines settles harassment suit over cockpit pornography

The Seattle Times reports: United Airlines has settled a federal sexual-harassment lawsuit filed by a former pilot who grounded herself after repeatedly finding pornography hidden in the cockpits of domestic airline flights. Details of the settlement with former Capt. Lisa … Continue reading

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Jonathan Todres, “Law, Otherness, and Human Trafficking”

Abstract: Despite concerted efforts to combat human trafficking, the trade in persons persists and, in fact, continues to grow. This article suggests that a central reason for the limited success in preventing human trafficking is the dominant conception of the … Continue reading

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Naomi Cahn and Jennifer M. Collins, “Eight is Enough”

The Abstract On January 26, 2009, the nation’s second set of live-born octuplets was delivered. The public fascination with this event quickly turned ugly when the media revealed that the mother was thirty-three year-old Nadya Suleman, who is single, unemployed, … Continue reading

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Sixth Annual IP/Gender: Mapping the Connections Conference – “Female Fan Culture and Intellectual Property” April 23 & 24, 2009

Presented by American University Washington College of Law’s Program on Information Justice and Intellectual Property, Women and the Law Program, and Journal of Gender, Social Policy & the Law, in collaboration with American University’s Center for Social Media and The … Continue reading

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Justice O’Connor on Women’s Rights

Justice O’Connor participated in an interview with the New York Times to promote her new website for children.   Though she declines to call herself a feminist, take note of what she does say: Do you call yourself a feminist? … Continue reading

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From the Department of: “Women Law Profs Don’t Know Anything About Hate Speech”

Columbia Law School division. This lecture series is advertising this speaker line up: ‘Hate Speech’ and Incitement to Violence This workshop series is being convened by Professor Kendall Thomas and Lecturer-in-Law Peter Molnar, Senior Research Fellow at the Center for … Continue reading

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“Southern Chiconomics”

One of my fantastic former students has a cool new blog!

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Teen Suicide Linked to Cyberbullying

From here: The image was blurred and the voice distorted, but the words spoken by a young Ohio woman are haunting. She had sent nude pictures of herself to a boyfriend. When they broke up, he sent them to other … Continue reading

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