Playboy’s Misogyny More Overt Than Ever

Playboy.com began hosting a feature on the website listing and mocking conservative women they’d like to”hate-fuck.” And at least one supposedly liberal blog (ETA: or not, some controversy on this point) picked up on it as a “lighter side of politics” entrant because ha ha, what could be funnier. Playboy has since taken the relevant posts down (you can read them here though the site is very slow to load probably due to high traffic), and Politico walked back its apparent endorsement.

More detailed accounts here (link is to a conservative site where the appended comments are best avoided); and at Jezebel which recaps the disgusting things written about particular women. Another blog with vile comments appended offers this.

A lot of observers are expressing shock that Playboy would publish something like that – why they are surprised I have no idea.

–Ann Bartow

ETA: Here’s a not atypical Playboy cartoon, via:

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Posted in Acts of Violence, Coerced Sex, Sexism in the Media, Sociolinguistics | 1 Comment

Audacious Man

At the University of Baltimore’s second annual  Feminist Legal Theory conference in March 2009, Mae Quinn, Jennifer Hendricks and Karla McKanders did a fantastic workshop on creating space for feminist scholarship.  They encouraged all of us to be audacious (in the way that men sometimes are, women less frequently so) about getting our scholarship out into the world. At that workshop, they presented the results of Minna Kotkin’s article on the dearth of women to be found in top journals. Kotkin’s results have been borne out over the past several weeks here at FLP, as largely estrogen free masthead after masthead from the top journals has been posted.

Which brings me to this post.  I am audacious about many things, but not about my work.  I am a terrible self-promoter; my letters to law review editors about why they should publish my work are underwhelming and I badly need tutoring in this area. But the combination of the workshop and the mastheads have spurred me to post here, for all of you, the link to my latest article. I’m posting in part to thank the editors of the Florida State University Law Review for accepting an article that has feminism in the title (bad enough that it was written by a woman!)  And I’m posting in part because I care what this community thinks about my work and want your feedback.  Unless it’s negative, of course.

If you read it, let me know what you think.  If you don’t, appreciate that I’m trying to be audacious and that there are law reviews out there that will publish feminist scholarship written by women (because I have the sneaking suspicion that if a man wrote about feminism, he might make it into one of those estrogen-free zones nonetheless).

Here’s the abstract for Autonomy Feminism: An Anti-Essentialist Critique of Mandatory Interventions in Domestic Violence Cases:

In the 1970s and 80s, feminists led the way in crafting and advocating for policies to address domestic violence in the United States – and those feminists got it wrong. Desperate to find some way to force police to treat assaults against spouses as they would strangers, the battered women’s movement seized on the idea of mandatory arrest – relieving police of discretion and requiring them to make arrests whenever probable cause existed. But mandatory arrest also removed discretion from the women that the policy purported to serve, a trend that has come to characterize domestic violence law and policy. Later policy choices, like no drop prosecution and bans on mediating in domestic violence cases, are similarly marked by their denial of decisionmaking to women who have been battered. Domestic violence law and policy prioritizes the goals of policy makers and battered women’s advocates – safety and batterer accountability – over the goals of individual women looking for ways to address the violence in their relationships. The shift of decisionmaking authority has profoundly negative implications for the autonomy of women who have been battered and reflects the influence of dominance feminism on the battered women’s movement. This article argues that the time has come to shift the lens through which we view domestic violence law and policy from dominance feminism to anti-essentialist feminism, allowing us to see how problematic mandatory policies are and helping us to craft domestic violence law and policy that honors the goals and priorities of women who have been battered.

-Leigh Goodmark

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Best xkcd comic yet…

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Large version here.

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“… women still account, on average, for fewer than one in five big-firm partners.”

From The American Lawyer:

… Looking specifically at gender diversity, our analysis found that women made up 34 percent of lawyers at the firms we surveyed: 45 percent of nonpartners and 19 percent of partners. It’s a respectable but not dramatic increase over the numbers recorded by our sibling publication The National Law Journal in past NLJ 250 surveys. In 2002, for example, the NLJ 250 found that women accounted for 31.3 percent of all attorneys: 41.5 percent of associates, 16.5 percent of partners. (One caveat: The NLJ’s data is not precisely comparable to our survey data. We focus on female lawyers only in the U.S. offices of large firms, while the NLJ counts female lawyers in all offices of the firms it surveys. Our study also includes several firms that are in The Am Law 200 but not the NLJ 250.)

A close look at the data shows that firms with the highest percentage of female lawyers overall also tended to have relatively high percentages of women partners. Among the 20 firms with the greatest proportion of female attorneys [see chart, right], Littler Mendelson had a partnership that is 29.0 percent female, followed by Lewis, Brisbois (26.7 percent female partners), and Faegre & Benson (23.8 percent female partners). On average, the firms in this top 20 averaged 25 percent women partners; the survey-wide mean was 19 percent. (Our study does not distinguish between equity and nonequity partners.)

Crunching the numbers further tells a more interesting story. Of the female lawyers we counted, what percentage are partners? In other words, are women reaching the senior levels of a firm in proportion to their overall numbers? To find out, we calculated the number of female partners as a percentage of all women lawyers. We found that at the firms surveyed, about 23 percent of female lawyers were in the partnership ranks. For every women who’s made partner, there are three women in the nonpartner ranks.

That 3:1 leverage among female lawyers is double the leverage among all lawyers–male and female–in the firms surveyed. Nationally, we found that 41 percent of all lawyers are partners: For each partner, there are about 1.5 nonpartners. If one looks just at male lawyers, the leverage essentially vanishes: There is about one male nonpartner for each male partner.

So women remain more concentrated at firms’ lower levels. That’s true even at many firms with relatively high proportions of women.

The study also found:

One of the first questions we wanted to answer was how women’s numbers at law firms compare to those of minority lawyers. These days, “diversity” often refers to both racial and gender makeup, and it’s tempting to think that one accompanies the other. However, the statistics show that minorities and women are not necessarily progressing in tandem. When we compared the 20 top firms in the Women in Law Firms study [see chart, page 76] and in MLJ ‘s Diversity Scorecard [see minoritylawjournal.com], which measures racial diversity, we found little overlap. Only four firms made both lists’ top tier: Cleary; Paul, Weiss; Epstein Becker; and Lewis, Brisbois, Bisgaard & Smith. Just 11 firms ranked in the top 50 in both racial and gender diversity.

Why the disparity? For some firms, geography may help explain why they have been less successful in recruiting and retaining lawyers of color than female lawyers. Consider one extreme example: Faegre & Benson, eighth in the Women in Law Firms ranking, 172nd on the Diversity Scorecard. The firm’s four U.S. offices are in Minnesota, Colorado, and Iowa–mostly states with relatively small minority populations, although Colorado is almost 20 percent Hispanic. In other cases, the key to understanding the gap may lie in a given firm’s practice specialty. Some intellectual property firms that rate well in racial diversity don’t do as well when it comes to women–perhaps reflecting the lower numbers of women with advanced degrees in engineering and the hard sciences. Townsend and Townsend and Crew is second on the Diversity Scorecard, 202nd in Women in Law Firms. Knobbe, Martens, Olson & Bear, fifth on the Diversity Scorecard, ranks 204th in Women in Law Firms (for the full Women in Law Firms study, click here) [REQUIRES SUBSCRIPTION OR REGISTRATION].

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I Don’t Want to Own GM

What if we invested $30 billion of taxpayers’ money in education instead?   Quality health care?   Affordable housing?   Public transportation?

I don’t have anything against GM — my 1990 Cutlass Ciera got me where I needed to go after my 1978 Chevy Monte Carlo was no more.   But we’d get more substantial future benefits from investing that $30 billion elsewhere.

-Bridget Crawford

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CFP: St. Mary’s Law Review on Minority Law Issues

From the FLP mailbox, this call for submissions:

The Scholar: St. Mary’s Law Review on Minority Issues is soliciting articles for upcoming volumes. Our publication is committed to raising the awareness of those individuals in our society who traditionally have been voiceless.  The Scholar furthers legal discourse on issues that concern race, ethnicity, class, religion, gender, and sexual identity, as well as other countless groups in our society. Accordingly, we will consider any article that focuses on a legal issue of concern to disenfranchised groups.

This publishing opportunity would be beneficial both our journal and for anyone who would like to further the discussion on issues relating to issues that render women voiceless in the law.

We are currently looking for articles to begin editing on June 29, 2009.  Accordingly, we would need to have a version to review by June 17.  Any author extended an offer would be published by August 3, 2009.

Additional information regarding  The Scholar may be found at  The Scholar‘s website.

-Bridget Crawford

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Dr. George Tiller Murdered

I wish I could label this an unbelievably tragic event, but it’s all too believable, unfortunately.   Today, Dr. George Tiller was murdered while ushering at his church.

If you don’t know of Dr. Tiller, he’s one of the modern day heroes of the reproductive rights movement.   Countless women all over the country have turned to him when there was literally no other place in the United States they could go to get the health care they needed.   He never flinched, despite all the protests, threats, vandalism, and prosecutions.   It was going to take death to stop him, and tragically that came today from a bullet rather than from natural causes.

All who believe in reproductive justice are in mourning today.   Younger doctors all over the country need to step up and do what they can to take his place.   Women’s health in this country deserve no less.

– David S. Cohen

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Another installment of you can’t make this stuff up: College edition

For nearly a decade, Westmoreland County Community College, which is located outside of Pittsburgh, PA, has included “sexual orientation” and “union membership” among the list of specifically protected characteristics in published statements concerning its nondiscrimination policy. Naturally, the college’s lesbian, gay, and bisexual students and employees all relied upon these statements in making decisions about attending classes and working (or continuing to work) at the college.

Recently, an employee of the college filed a grievance because he married his same-sex partner in Massachusetts, but was denied health insurance for his husband by the college. Though the college disclaims any connection between this grievance and its current actions, the college professes to have recently discovered that neither “sexual orientation” nor “union membership” are included among the protected characteristics that were listed in the only policy officially adopted by the college’s trustees in 1998. So what has the college now set about doing? Putting a revised version of the policy before the trustees to bring official policy in line with the long-standing expectations of its students and employees? No, the college has instead set about scrubbing “sexual orientation” and “union membership” from all of the published statements about its nondiscrimination policy. As the employee who filed the grievance put it: “‘Why now after nine years?’ he asked. ‘How many institutions do you know that are taking people out of a non-discrimination policy?'”  

For more, read the Pittsburgh Post-Gazette story here.

-Tony Infanti

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Via.

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Where the Men Are (and Women Aren’t): GW Law Review Edition

If the dearth of female contributors to major law reviews weren’t so distressing (see, e.g., here and here and here), I’d think that this issue of the GW Law Review — with ZERO articles by women — was a joke.  Sadly, it’s not.

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The George Washington Law Review, Issue 77:3 (April 2009)

Articles

Matthew I. Hall,  The Partially Prudential Doctrine of Mootness, 77 Geo. Wash. L. Rev. 562 (2009)

Anthony J. Colangelo,  â€œDe facto Sovereignty”: Boumediene and Beyond, 77 Geo. Wash. L. Rev. 623 (2009)

Colloquy
Beyond the ‘Races’: Re-examining the Relationship Between Federalism and Corporate Governance

William W. Bratton,  Unentrapped, 77 Geo. Wash. L. Rev. 677 (2009)

Lawrence A. Cunningham,  The New Federal Corporation Law?, 77 Geo. Wash. L. Rev. 685 (2009)

M. Todd Henderson,  Two Visions of Corporate Law, 77 Geo. Wash. L. Rev. 708 (2009)  

Robert B. Ahdieh,  The (Misunderstood) Genius of American Corporate Law, 77 Geo. Wash. L. Rev. 730 (2009)

Notes

Christopher Carlberg,  Cooperative Noncooperation: A Proposal for an Effective Uniform Noncooperation Immigration Policy for Local Governments, 77 Geo. Wash. L. Rev. 730 (2009)  

Andrew Croner,  A Snake in the Grass?: Section 798 of the Espionage Act and Its Constitutionality as Applied to the Press, 77 Geo. Wash. L. Rev. 766 (2009)  

Evan Mayor,  The”Bong Hits”Case and Viewpoint Discrimination: A State Law Answer to Protecting Unpopular Student Viewpoints, 77 Geo. Wash. L. Rev. 799 (2009)  

Christopher Meeks,  The Pollution Delusion: A Proposal for a Uniform Interpretation of Pollution in General Liability Absolute Pollution Exclusions, 77 Geo. Wash. L. Rev. 824 (2009)  

-Bridget Crawford

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Will Gay Marriage Lead To Sex With Ducks?

Pat Robertson thinks so:

And these two “chicks” are pretty stoked about the idea:

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You can’t make this stuff up–G. Gordon Liddy on Sotomayor

G. Gordon Liddy’s take on Judge Sotomayor–including his fear for the country should she deliberate while menstruating– here.

–Leigh Goodmark

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CFP: Conference on”Violence and Vulnerability”at Emory University in Atlanta, Georgia on November 12-14, 2009

“Violence against women both violates and impairs or nullifies the enjoyment by women of their human rights and fundamental freedoms… In all societies, to a greater or lesser degree, women and girls are subjected to physical, sexual and psychological abuse that cuts across lines of income, class and culture.”
:Beijing Declaration and Platform for Action, paragraph 112

This Conference is designed to break open the traditional approaches to gender violence and to consider how violence in various forms is experienced across society and its institutions. We begin with the premise that we need a better and more complex understanding of the relationship between individual and collective acts of violence and the organization of societies. We are concerned with how the state acts in conjunction with religious, cultural, social, and economic institutions to both alleviate and perpetuate the vulnerability of individuals to violence. What is the relationship between institutional arrangements and instances of violence? We are particularly interested in comparing the different approaches of these institutions and exploring the diverse perspectives on violence reflected in disciplines such as law, medicine, public health, anthropology, political science, ethics, and religion.

In addition, we are interested in considering what are the best ways to approach the wide-spread societal problem of violence in its various forms. Are there benefits to asking how and why violence happens from a societal, rather than an individual, criminal justice, perspective? How would a society designed to eliminate domestic violence look? How can we distinguish the”domestic”from the public manifestations of violence and what are the consequences of doing so? What are the various forms of”public”violence and how do they interact with violence in it”private”forms? What are the responsibilities of society and its institutions, including religious, cultural, and educational institutions, to prevent violence? Are there ways in which these same institutions are implicated in fostering violence?

Violence against women is understood as a global phenomenon. According to the United Nations Population Fund:”Gender-based violence both reflects and reinforces inequities between men and women and compromises the health, dignity, security and autonomy of its victims. It encompasses a wide range of a wide range of human rights violations, including sexual abuse of children, rape, domestic violence, sexual assault and harassment, trafficking of women and girls and several harmful traditional practices.”

As this quote suggests, the use of”gender”to modify violence tends to channel discussion into an individualistic, legalistic mode, emphasizing victimization and the abuse of women by men. Thus, most of the work on gender violence has focused on the law, improving the security sector, and finding forms of punishment that will deter violence. While this pattern of male on female violence is prevalent, it does not exhaust the full range of our collective and universal vulnerability to violence. In particular, this focus excludes the significant violence that can be perpetrated by the state and its institutions on both men and women. It also fails to realize that criminal and human rights laws built around the principle of punishment can provide only a partial, often ineffective, response to violence in its many and varied manifestations.

The phenomena of gender-based violence transcends dichotomous categories often used to characterize states (such as”developed”or”developing,”or”strong”and”unstable”) and it also transcends recognized cultural divisions (such as religious or cultural and ethnic traditions). While violence against women may be”universal”in this regard, we can learn a great deal from exploring how violence is perpetrated, justified and addressed across different societies and within distinct legal and political cultures. How does gendered violence manifest itself differently in different cultural contexts? What can we learn from looking at gender-based violence (broadly conceived) in cultures that are very different in terms of religious traditions, economic status and legal frameworks for gender equality? How do different states and civil society respond to gender violence and what are the effective methods that can transfer well to other societies?

This conference will bring together scholars, activists and practitioners to consider these and other questions. It will begin with a luncheon on Thursday November 12th and conclude the afternoon of November 14th.

Send presentation proposals to Martha Albertson Fineman (mlfinem@emory.edu) and Sita Ranchod-Nilsson (srancho@emory.edu) by July 31, 2009.

Working drafts (however rough) will be due October 15, 2009 – in time for them to be copied and distributed prior to the Conference. The ability to read the working drafts prior to discussion greatly increases the value of the discussions.

This conference is co-sponsored by the Emory University’s Vulnerability Project (Race and Difference Initiative) and Institute for Developing Nations. It has been made possible through the generous support and encouragement of the International Relief & Development organization.

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Just When You Thought They Couldn’t Be Stupider–Tancredo on Sotomayor and La Raza

Apparently, Tom Tancredo was disappointed that he hadn’t thought up the criticism about Judge Sotomayor’s love for Puerto Rican food, and went one better, referring to the National Council of La Raza as the KKK without nooses or hoods.  See him spout his ignorance here..

–Leigh Goodmark

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Your Feel-Good Feminist Moment…

…courtesy of the Washington Post here.  13 year old girl wins Scripps National Spelling Bee.  I’m hoping that the Post headline refers to the boy who came in second rather than the girl who came in first simply because he’s from Northern Virginia.

–Leigh Goodmark

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” 10 Infants, Small Children Murdered by Fathers in Past Two Weeks? Not News, Really. Mom Murders Son? Headlines Everywhere.”

Heart notes:

A quick perusal of Google yields 10 instances of fathers or stepfathers murdering their infants or young children within the last two weeks or so: link, link, link, link, link, link, link, link, link, link, link. Had I continued to search, I’d have found many, many more. In some instances, the children were sexually assaulted or tortured. In general, these murders were relegated to the”local news”section of media reports. They were just not viewed as headline material. But when a jobless, homeless, struggling Native mom murders her child, it’s headlines everywhere, calls for her to kill herself, detailed investigations into her family situation, videos of family members. Why?

The full post is here.

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“… authorize torture as a method of interrogation, and rape logically becomes part of the continuum of efforts to break down a prisoner’s self-esteem.”

Quote from here, in reference to this article, which notes: “Photographs of alleged prisoner abuse which Barack Obama is attempting to censor include images of apparent rape and sexual abuse …” Here is an excerpt:

At least one picture shows an American soldier apparently raping a female prisoner while another is said to show a male translator raping a male detainee.

Further photographs are said to depict sexual assaults on prisoners with objects including a truncheon, wire and a phosphorescent tube.

Another apparently shows a female prisoner having her clothing forcibly removed to expose her breasts.

Detail of the content emerged from Major General Antonio Taguba, the former army officer who conducted an inquiry into the Abu Ghraib jail in Iraq.

Allegations of rape and abuse were included in his 2004 report but the fact there were photographs was never revealed. He has now confirmed their existence in an interview with the Daily Telegraph.

The graphic nature of some of the images may explain the US President’s attempts to block the release of an estimated 2,000 photographs from prisons in Iraq and Afghanistan despite an earlier promise to allow them to be published.

Maj Gen Taguba, who retired in January 2007, said he supported the President’s decision, adding:”These pictures show torture, abuse, rape and every indecency.

Here is another excerpt:

It was thought the images were similar to those leaked five years ago, which showed naked and bloody prisoners being intimidated by dogs, dragged around on a leash, piled into a human pyramid and hooded and attached to wires.

Mr Obama seemed to reinforce that view by adding:”I want to emphasise that these photos that were requested in this case are not particularly sensational, especially when compared to the painful images that we remember from Abu Ghraib.”

The latest photographs relate to 400 cases of alleged abuse between 2001 and 2005 in Abu Ghraib and six other prisons. Mr Obama said the individuals involved had been”identified, and appropriate actions”taken.

I guess we are just supposed to trust Obama about this. I don’t. But since men and children were reportedly raped, not “just” women, organizations like the ACLU have been active in trying to get access to the photos. See also.

–Ann Bartow

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Katha Pollitt, “Amber Waves of Blame”

First paragraph:

Can we please stop talking about feminism as if it is mothers and daughters fighting about clothes? Second wave: you’re going out in that? Third wave: just drink your herbal tea and leave me alone! Media commentators love to reduce everything about women to catfights about sex, so it’s not surprising that this belittling and historically inaccurate way of looking at the women’s movement–angry prudes versus drunken sluts–has recently taken on new life, including among feminists. Writing on DoubleX
.com, the new Slate spinoff for women, the redoubtable Linda Hirshman delivered a sweeping attack on younger feminists for irresponsible partying, as chronicled on Jezebel.com, a Gawker-family blog devoted to “Celebrity, Sex, Fashion for Women. Without Airbrushing.” Likewise, a silly “debate” over whether Sex and the Single Girl did more for women than The Feminine Mystique followed the release of Jennifer Scanlon’s Bad Girls Go Everywhere: The Life of Helen Gurley Brown. As Naomi Wolf wrote in the Washington Post, “The stereotype of feminists as asexual, hirsute Amazons in Birkenstocks that has reigned on campus for the past two decades has been replaced by a breezy vision of hip, smart young women who will take a date to the right-on, woman-friendly sex shop Babeland.” Pick your caricature.

Read the rest here.

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William and Mary Law Review – the All William and No Mary Edition

Issue 50:6 (May 2009)

WM-logo.jpg

Articles

Andrew Koppelman, Corruption of Religion and the Establishment Clause

Thomas A. Lambert, Dr. Miles is Dead. Now What?: Structuring a Rule of Reason for Evaluating Minimum Resale Price Maintenance

Robert T. Miller, The Economics of Deal Risk: Allocating Risk Through MAC Clauses in Business Combination Agreements

Matthew J. Tokson, The Content/Envelope Distinction in Internet Law

Notes

Aaron C. Garrett, New Theories of Guilt on Appeal in Virginia Criminal Cases

David W. Tyler, Clarifying Departmentalism: How the Framers’ Vision of Judicial and Presidential Review Makes the Case for Deductive Judicial Supremacy

Where are the women? Via. Thanks, I think, to Eric Fink!

–Ann Bartow

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Of Pigs’ Feet and Precedent…

Will Judge Sotomayor’s love of Puerto Rican food cause her to rule against white, male firefighters (for instance)?  Thoughts from the increasingly desperate Republican party here.
 
–Leigh Goodmark

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More About Barnes v. Yahoo

I blogged about the case previously here. Below is an excerpt from the Ninth Circuit’s holding in Barnes v. Yahoo at page 5316 that gives a quick overview of the facts:

In accordance with Yahoo policy, Barnes mailed Yahoo a copy of her photo ID and a signed statement denying her involvement with the profiles and requesting their removal. One month later, Yahoo had not responded but the undesired advances from unknown men continued; Barnes again asked Yahoo by mail to remove the profiles. Nothing happened. The following month, Barnes sent Yahoo two more mailings. During the same period, a local news program was preparing to broadcast a report on the incident. A day before the initial air date of the broadcast, Yahoo broke its silence; its Director of Communications, a Ms. Osako, called Barnes and asked her to fax directly the previous statements she had mailed. Ms.Osako told Barnes that she would”personally walk the statements over to the division responsible for stopping unauthorized profiles and they would take care of it.”Barnes claims to have relied on this statement and took no further action regarding the profiles and the trouble they had caused. Approximately two months passed without word from Yahoo, at which point Barnes filed this lawsuit against Yahoo in Oregon state court. Shortly thereafter, the profiles disappeared from Yahoo’s website, apparently never to return.

So Yahoo headed off a negative news report about the situation by promising to take down the profiles that were causing men to show up at the Plaintiff’s place of employment and demanding to have sex with her. Yahoo got a good PR benefit for making this representation but did not actually do anything it promised.

The Supposedly Liberal Dood reaction to the case is that unless overruled, it will cause ISPs to issue directives to their employees not to promise to remove material or even to inquire into whether the material should be removed. Well, guess what: every company that is already familiar with Section 230 almost certainly does this already. Yahoo felt free not only not to take action, but to lie and say that it would take action for PR purposes, and then not take action, and the trial court said this was covered by 230 immunity. The Plaintiff thought help was coming so probably didn’t take protective actions she otherwise might have. She was worse off then she would have been if Yahoo had just told her to go and pound sand when she asked for help, and the Ninth Circuit decided that Yahoo should have to answer for this in court. This doesn’t mean Yahoo will be held liable necessarily, just that Barnes gets a chance to prove that what Yahoo did was wrong as a matter of law.

Eric Goldman has a series of blog posts that document the aftermath of the decision here, here and here. In brief, both Barnes and Yahoo have asked for a rehearing. According to Goldman, Barnes wants the court to “conclude that once Yahoo! had voluntarily assumed a publisher’s responsibility to remove the postings, the responsibility is enforceable by any lawfully applicable remedy.”

Yahoo’s position (and this is my summary, not Goldman’s) is that it can do anything it wants including lie, with other impunity, courtesy of Section 230. The big guns of the public interest world are lining up behind Yahoo, because of course if Yahoo isn’t free to anything or nothing when women are viciously and serially harassed through its portals, both the Internet and First Amendment are doomed. What Yahoo is truly concerned about is avoiding labor costs it would incur if it had to respond to requests for help from victimized women like Barnes. Yahoo fears the expense because it knows there are so many of them.

The online harassment of Barnes and other women is also independently profitable if it draws clicks and eyeballs from interested observers, which translates into advertising revenues ISPs want to continue to enjoy as well. Anyone doubt for a second that the harassing posts about Barnes triggered pornography ads, and that men interested in violent sex with Barnes were also interested in porn?

The ISPs have so much money and influence, the possibility that Section 230 will be amended to require ISPs to do anything helpful for women like Barnes, including simply not lie to them, is slim. The only hope Barnes and women like her have is the courts. That’s why this case is drawing so much heat and light. I expect Barnes will lose, because women’s lives are never as important as money, such as the profits an ISP like Yahoo reaps when it can feature even illegal content like child pornography without fear of legal reprisals or responsibility.

–Ann Bartow

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“Professor Sotomayor” – A View of the New Justice from Columbia Law School

Sonia Sotomayor, nominated by President Obama to the U.S. Supreme Court, has taught a course on Federal Appellate Court advocacy at Columbia fsotomayoror several years.   While President Obama’s adjunct teaching job at the University of Chicago is often cited as one of his credentials, little mention has been made of Judge Sotomayor’s law teaching experience.   Hmmm.

Students who have taken her course at Columbia have raved about her brilliance, her willingness to mentor them, push them, and take them seriously.   Here are excerpts from student evaluations of her course:

– Judge Sotomayor is extremely accomplished, interesting and knowledgeable.   She is one of the top judges at the 2nd Circuit, and to get to sit in a class with her and just a handful of students is an incredible experience.

– Judge Sotomayor is an amazing judge, and person, and I feel privileged to have had a chance to learn from her.

– Judge Sotomayor is clearly brilliant and it’s great to be in class with her. She is really exceptional. It is interesting to hear the principles she applies to appellate adjudication. This was the best class I have taken at Columbia.

– As a student of the law, I found Judge Sotomayor’s lectures to be very interesting–she can offer a viewpoint of the law from the perspective of a prosecutor, a private litigator, a district court judge, and an appellate court judge.

– Judge Sotomayor really seems to enjoys teaching this class:and mentoring young lawyers generally:and it shows in her enthusiasm and preparation. This class is one of the great privileges of Columbia law school.

Columbia’s Dean for Social Justice Programs, Ellen Chapnick, was on CNN this morning talking about Judge Sotomayor as a friend and colleague, link here.

Katherine Franke – cross posted from Gender & Sexuality Law Blog

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Dumb Warning Labels

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“Warning: This product moves when used” (on a Razor scooter)

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“Use care when operating a car or dangerous machinery” (on a bottle of dog’s pills)

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Via.

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That Sotomayor Quote

Taken from Sotomayor’s Judge Mario G. Olmos Memorial Lecture in 2001, which she delivered at the University of California, Berkeley, School of Law, here is the context:

… Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O’Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.

Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.

However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench. Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage. …

Read the entire speech here.

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Scott A. Moss, “The case against the case against the Sonia Sotomayor nomination”

Read it here.

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Posted in Courts and the Judiciary, Feminism and Politics | 3 Comments

Would Obama Have Hugged A Male SCOTUS Nominee Like This?

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Photo and question (somewhat differently stated) via IBTP. I’d have to go with “no.”

–Ann Bartow

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Feminism Has Made Men Happier, Or Possibly the Backlash Against Feminism Is Making Men Happier.

Language Log does a good take down of this column (mentioned here too) which discusses this study which was previously blogged about here.   Here’s a graph of the data at issue:

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Not exactly overwhelmingly persuasive, is it?

–Ann Bartow

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So it’s feminism that’s making me unhappy–who knew?

Your headslap moment of the day, courtesy of Ross Douthat and the New York Times,  here.

 

–Leigh Goodmark

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Marriage in California After Strauss v. Horton

The California Supreme Court took the next step today in the ongoing battle over marriage rights for same sex couples, ruling 6-1 that the people of California had properly amended their constitution last November with Proposition 8, thereby limiting marriage to one man and one woman.     The Court’s opinion, widely predicted to come out as it did, now formally launches a Prop 8 redux for next fall, where there will surely be at least one proposition on the California ballot relating to marriage rights.

The majority’s 136-page opinion, written by Chief Justice George and joined by Justices Kennard, Baxter, Chin and Corrigan (Justice Werdegar concurred but wrote separately), is long on wind up, offering an extended explanation of what and how the Court ruled in the Marriage Cases last June.   They needed to do this as ground-laying for what the Court would ultimately do in the Prop 8 case: avoid the obvious conclusion that they are countenancing separate and not equal regimes for straight and gay couples seeking state recognition.   Straight people get marriage, gay people get civil unions – and the challenge was for the Court to find a way, a plausible and convincing way, of concluding that this dual regime doesn’t amount to an equal protection violation despite the fact that they pretty much held that it did a year ago in the Marriage Cases.

In their summary of the earlier marriage case, Justice George made quite clear a number of times that the California Constitution secures a set of rights which

include, most fundamentally, the opportunity of an individual to establish : with the person with whom the individual has chosen to share his or her life : an officially recognized and protected family possessing mutual rights and responsibilities.

Thus, there is a right enjoyed by all to state recognition of “two adults who share a loving relationship to join together to establish an officially recognized family of their own.”     When the state “recognizes”   these relationships it must provide the bundle of rights ordinarily organized under the rubric of marriage, but it need not apply the term “marriage”   to all relationships so recognized.   Remember the oral argument in the case last March?   This is what many of the members of the Court kept coming back to (particularly the Chief Justice and Justice Kennard): aren’t we only talking about a label?   So long as the state gives you the same bundle of rights, what really is at stake in fighting over the term “marriage”?   The opponents of Prop 8   (Shannon Minter especially) were cornered having to say that the label was incredibly important, and the supporters of Prop 8 (Ken Starr in particular) were adamant that the term “marriage” didn’t mean that much at all.

Yes, you have a right to state recognition.   No, you don’t have a right to have your relationship recognized as a marriage….

Continue reading post here

Katherine Franke – cross posted from Gender and Sexuality Law Blog

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Today’s post-feminist moment: “Fox Sports Article On Top Women Athletes Includes A Horse”

From After Ellen, Via Crooks & Liars:

Fox Sports has compiled a list of women that can hold their own against men in the sports world : because everyone knows the real measure of a female athlete is how she competes against dudes. Fox starts their “Girl Power” list with Rachel Alexandra. Perhaps you’ve heard of her: She’s a horse. …

… Which female athletes had the good fortune of an equine comparison? Well, there’s Katie Hnida, first woman to score in a NCAA football game, but she was entangled in a rape-allegation scandal, Fox notes. There’s Michelle Wie, but of course she faced “substantial criticism” when she only qualified for one of 14 PGA events. Legendary athletic phenomenon Babe Didrikson Zaharias is also mentioned, plus that one time she didn’t qualify for that one event.

See, it’s important to remember that while these women were able to compete against men, they weren’t necessarily very good at it.

The women women who escaped the “but they lost” clause were Billie Jean King, Candace Parker, Danica Patrick, Hayley Wickenheiser and a few others.

Of course my problem with this list is that exists at all. …

After what happened to Eight Belles, I was happy to see Rachel Alexandra exit the track uninjured when she won the Preakness.   I didn’t feel any sense of “girl power” from the victory – her jockey, trainer and owner are all men.   That Fox would feature her in a list of “women athletes” is bizarre.   Will universities that field horse oriented sports now start claiming that (e.g.)   female polo ponies should be counted as women athletes for Title IX compliance purposes?

–Ann Bartow, with thanks to Michael Froomkin

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Essay of Interest: Michael DiChiara’s A Case of First Impression: The Third Circuit Recognizes That Having An Abortion Is Protected By Title VII

Over the last few months, I have been working on a Submission Guide for Online Law Review Supplements. While doing my research for the Guide, I came across an interesting volume of the  Rutgers Law Record, the online supplement to the Rutgers Law Review. The journal recently published a volume on Emerging Trends in Labor and Employment Law. One of the essays in that volume,  A Case Of First Impression: The Third Circuit Recognizes That Having An Abortion Is Protected By Title VII, by Michael DiChiara, addressed an issue that especially got my attention and will likely draw the attention of courts across the country for years to come: Does Title VII  apply to women who have abortions?

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Strauss v. Horton

Read the opinion here.   Feminist efforts to   sort out what it all means can be found:

Here at Tennessee Guerilla Women; Here at the Gender and Sexuality Law Blog; (additional links to come). See also the Linkfarm at Pam’s House Blend.

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“Justice Sonia Sotomayor” has a nice ring to it!

Don’t have anything interesting or important to add to all the conversation around the announcement that President Obama has nominated Judge Sonia Sotomayor to teh Supreme Court, but couldn’t let it go unremarked.   I like this NTY story about her, which quotes her as saying:

“I have spent my years since Princeton, while at law school and in my various professional jobs, not feeling completely a part of the worlds I inhabit,”she said, adding that despite her accomplishments,”I am always looking over my shoulder wondering if I measure up.”

She sounds like just the kind of person we need on the Court.

–Ann Bartow

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Just Because You’re a Girl Doesn’t Mean You Have to Play Softball

 

For all the great girls and women out there who love to play baseball, don’t give it up. You don’t have to play softball if you prefer baseball.  

Did you know that the International Baseball Federation has announced a bid to include women’s baseball in the 2016 Olympics? (Story here.)  Women’s baseball isn’t just Madonna-Rosie O’Donnell-Geena Davis in quaint “athletic” skirts.  The American Women’s Baseball Federation  has a professional team (here).

Here are some other cool links that may encourage baseball-loving girls:

-Bridget Crawford

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Still more “breast cancer awareness” via the pinkification of consumer products.

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Lisa at Sociological Images has a series of photos, such as the one just above, and this one depicting Breast Cancer Awareness Cat Food:

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The post poses some questions about this that can largely be summed up as WTF? (though her approach is a tad more scholarly). The answer in my view is that the giant and extremely powerful Susan G. Komen For the Cure Foundation managed to thoroughly and effectively monetize breast cancer in a way that another disease awareness program is unlikely to be able to replicate. The Komen foundation pioneered a lot of the techniques it uses to extract money from consumers, without any real competition, and it is unlikely to cede turf to competitors voluntarily.

Read the transcript of a talk given by Barbara Ehrenreich about the Cancer Industrial Complex (“We don’t need more”awareness”of breast cancer:we’re VERY aware, thank you very much. We need treatments that work, and above all, we need to know the cause of this killer, so we can stop it before it attacks another generation”) and read her article”Welcome to Cancerland: A Mammogram Leads to a Cult of Pink Kitsch.”She says important things. Also visit thinkbeforeyoupink, a subsidiary of Breast Cancer Action, if you want to know more.

Oh, and see also at Savage Death Island.

–Ann Bartow

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Obama’s Silence on Marriage Equality

Obama has remained silent on marriage equality for far too long.   Frank Rich calls him on it, with his usual eloquence, in this week’s column here.

-Darren Rosenblum

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For all the newly minted JDs…

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Via.

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New Low for the Huff Po?

Ugh.

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Hillary Clinton Pushes For Same Sex Benefits At State Dept.

From The Advocate:

The Advocate has obtained a draft of a letter from Secretary of State Hillary Clinton to employees of the State Department that details her intentions to extend certain benefits to same-sex partners of foreign service officers posted abroad.

“Historically, domestic partners of Foreign Service members have not been provided the same training, benefits, allowances, and protections that other family members receive. These inequities are unfair and must end. Providing training, medical care, and other benefits to domestic partners promote the cohesiveness, safety, and effectiveness of our posts abroad,”says the letter.

The letter explains that the department will be”exercising its inherent authority to change its regulations in the Foreign Affairs Manual and Department of State Standardized Regulations”in order to allow domestic partners of foreign service personnel to qualify as family members.”Where appropriate, this extension of benefits and allowances will apply to the children of domestic partners as well.”

Providing these benefits to all employees, notes the letter, will help the department”attract and retain personnel in a competitive environment where domestic partner benefits and allowances are increasingly the norm for world-class employers. At bottom, the Department will provide these benefits for both opposite-sex and same-sex domestic partners because it is the right thing to do.”

The letter appears to be the culmination of Secretary Clinton’s work with LGBT employee groups at the State Department. A source familiar with the situation who spoke on the condition of anonymity said the letter was drafted by senior officials at the department and represents the secretary’s thinking on the issue. The letter currently awaits final approval from senior government lawyers.
 …

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The Law and Economics of the Backlash

Back in my early days of teaching I thought it might be interesting to present a feminist legal theory paper at an annual meeting of the American Law & Economics Association (ALEA). At least at that time, you had to join ALEA before you could even submit a paper proposal, and doing so was going to cost me $70 or thereabouts out of pocket, as this is not the kind of thing my law school pays for. So I braved the rather clunky online membership process only to receive, immediately after revealing my credit card number for dues assessment, an obscenity as a password. Startled, I called an ALEA functionary to see what that was all about, and eventually received a phone call from the then ALEA President, assuring me that he’d checked with the tech people, passwords were randomly generated, and he had no idea how this could have happened. (True story, which I can document.)

Somewhat reassured, I submitted my paper proposal and it was summarily rejected. I didn’t got to that year’s annual meeting because I couldn’t get travel money unless I was a speaker, and I let my membership lapse. So everything I know about ALEA I only know secondhand. And what I have heard it that it is an aggressive and aggressively male dominated environment.   So I wasn’t too surprised that very little feminism seemed to be infusing ALEA scholarship.

Whilst skinning the 2008 annual meeting’s program, I noticed this paper: “The Paradox of Declining Female Happiness” by Betsey Stevenson, Justin Wolfers. SSRN will try to charge you $5 to read a draft of this paper, but your can read what may or may not be the same draft for free here. To say that I find many of the assumptions, assertions and suggestions in the paper troubling is quite an understatement. Here’s just one example from page 29 of the free draft:

Finally, the changes brought about through the women’s movement may have decreased women’s happiness. The increased opportunity to succeed in many dimensions may have led to an increased likelihood of believing that one’s life is not measuring up. Similarly, women may now compare their lives to a broader group, including men, and find their lives more likely to come up short in this assessment. Or women may simply find the complexity and increased pressure in their modern lives to have come at the cost of happiness.

I hadn’t gotten around to blogging about this, so I was pleased to see that someone else whose writing I like got there first and correctly discerned that “this entire study has a rich aroma of backlashy pseudo-scientific bullshit!”   Sady Doyle noted in The Guardian:

… the “happiness” question is interesting, precisely because it is so subjective. As Susan Faludi noted in her seminal work, Backlash, one of the primary tactics of anti-feminists is the argument that the freedoms provided by feminist progress will ultimately ruin women’s lives. Women have access to birth control and abortion? Trot out the old biological clock, and tell women they’ll die childless if they don’t conceive in their mid-twenties! Women are delaying marriage, and going for serial monogamy or casual sex instead? Tell them that it’s more likely for them to be struck by lightning than to find a husband after the age of 30, and that hooking up lessens their “market value” for the menfolks! (Of course, there is a certain kind of woman that doesn’t necessarily want to get married, and is frankly repelled by the idea of dating a man that would assign her “value” corresponding to her sexual inexperience or lack thereof: the anti-feminist answer to this, of course, is always some variant on, “oh, you will care – when it’s too late.”) Women have greater access to the professions of their choice? Say, does anyone have some stereotypes of bitter, unfulfilled, unfeminine career women to throw around?

Yet, when you look at the study, without the sensationalist “women: now sad” trappings, it doesn’t seem to convey that women are descending into the black pits of despair. What it says is that women and men now experience similar levels of happiness: there’s been an overall happiness decline (well, unless you take the increased happiness of black people into account – which, again, the study doesn’t; nor does it seem to address other people of colour), with women’s being slightly more precipitous than that of men. In other words, as women and men have become more equal, their subjective experiences of life have become … more equal. Shocking!

Read the entire take down here.

–Ann Bartow

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Vegetarianism is cheaper.

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Welcome Back, Again, Today

The Today contraceptive sponge is back on some drugstore shelves this weekend.  The brand went off the shelves (for the second time) in 2007, when its corporate owner went bankrupt.  

The NYT has coverage here.  

The sponge has coverage down there.

-Bridget Crawford

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Remember when Ray Comfort claimed bananas proved Darwin wrong?

Well now there is a handcrafted product commemorating same, the Ray Comfort Tampon Case!

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Minds out of the gutter; that is a banana on the front of his pants. Order yours here. The artist says: “Materials: felt, fabric glue, thread, marker, spite, intellect. … Profits from the sale of this item will go to a program supporting young female paleontologists. Tampons ARE included.”

Via.

–Ann Bartow

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Posted in Feminism and Culture, Feminism and the Arts | 2 Comments

A Shushing at the Gynecologist

As reported by Zuska.

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CFP: Law and Justice on the Small Screen

From the FLP Mailbox, this CFP for a collection of essays on “Law and Justice on the Small Screen”:

We are compiling a collection of essays by leading scholars from the world of law and popular culture focusing on the theme of law and justice on television. We wish to invite scholars with an interest to submit abstracts of around 250 words by the end of July 2009 on this broad theme. We hope to structure the Collection on the undernoted themes but intend that contributors should interpret this brief list in an inclusive manner. We will make a provisional selection by the end of July 2009 and then ask contributors to provide a full draft of their text by May 2010. These will then be refereed blind in the usual way and final text should be with the editors by September 2010 for publication in early 2011.

Part I

Context

  • Law and TV Scholarship in context – the emergence of law and popular culture
  • The relationship between Law and TV and Law and Film Scholarship – similarities and differences
  • Issues of methodology including empirical studies on the impact of TV
  • Issues of production – towards a political economy of law on TV

Part II

An Overview of Distinct Forms of Representation

  • Fictional law and lawyers – towards a taxonomy [ legal procedurals; lawyer dramas; comedies etc. ]
  • Reality TV shows
  • Justice portrayals in news and documentary programming
  • Court TV –   a national/international phenomenon?

Part III

TV Law as a Global Phenomonon

  • Trends and developments in US TV Fiction
  • Adversarial justice on TV – Britain, Canada and Australia
  • Inquisitorial systems – Germany, France and Spain
  • Crossing the boundaries – the impacts of”foreign”imported shows and formats

Please send abstracts via email attachment to:  peter.robson@strath.ac.uk  (Peter Robson, University of Strathclyde, The Law School)  AND  jsilbey@suffolk.edu (Jessica Silbey, Suffolk University Law School)

-Posted by Bridget Crawford

 

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Michigan Law Review Where Are The Women Redux: Fifteen articles, sixteen if you count the Foreword, only one written by a woman?

Michigan-logo1.jpg

Michigan Law Review, Issue 107:8 (June 2009)

(Past issues are available on our website.)


FAULT IN CONTRACT LAW

FOREWORD

Omri Ben-Shahar & Ariel Porat, Fault in American Contract Law, 107 Mich. L. Rev. 1341 (2009)

ARTICLES

Richard A. Posner, Let Us Never Blame a Contract Breaker, 107 Mich. L. Rev. 1349 (2009)

Saul Levmore, Stipulated Damages, Super-Strict Liability, and Mitigation in Contract Law, 107 Mich. L. Rev. 1365 (2009)

Robert E. Scott, In (Partial) Defense of Strict Liability in Contract, 107 Mich. L. Rev. 1381 (2009)

Ariel Porat, A Comparative Fault Defense in Contract Law, 107 Mich. L. Rev. 1397 (2009)

Melvin Aron Eisenberg, The Role of Fault in Contract Law: Unconscionability, Unexpected Circumstances, Interpretation, Mistake, and Nonperformance, 107 Mich. L. Rev. 1413 (2009)

Eric A. Posner, Fault in Contract Law, 107 Mich. L. Rev. 1431 (2009)

George M. Cohen, The Fault That Lies Within Our Contract Law, 107 Mich. L. Rev. 1445 (2009)

Richard A. Epstein, The Many Faces of Fault in Contract Law: Or How to Do Economics Right, Without Really Trying, 107 Mich. L. Rev. 1461 (2009)

Oren Bar-Gill & Omri Ben-Shahar, An Information Theory of Willful Breach, 107 Mich. L. Rev. 1479 (2009)

Richard Craswell, When Is a Willful Breach”Willful”? The Link Between Definitions and Damages, 107 Mich. L. Rev. 1501 (2009)

Steve Thel & Peter Sigelman, Willfulness Versus Expectation: A Promisor-Based Defense of Willful Breach Doctrine, 107 Mich. L. Rev. 1517 (2009)

Roy Kreitner, Fault at the Contract-Tort Interface, 107 Mich. L. Rev. 1533 (2009)

Seana Shiffrin, Could Breach of Contract Be Immoral?, 107 Mich. L. Rev. 1551 (2009)

Steven Shavell, Why Breach of Contract May Not Be Immoral Given the Incompleteness of Contracts, 107 Mich. L. Rev. 1569 (2009)

Stefan Grundmann, The Fault Principle As the Chameleon of Contract Law: A Market Function Approach, 107 Mich. L. Rev. 1583 (2009)

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Another NYU Law Review Edition of: Where Are The Women?

New York University Law Review

Volume 84 May 2009 Number 2

ARTICLES
Categoricalism and Balancing in First and Second Amendment Analysis

Joseph Blocher

A Theory of Taxing Sovereign Wealth

Victor Fleischer

Toward Procedural Optionality: Private Ordering of Public Adjudication

Robert J. Rhee

NOTES

A Relational Approach to Schools’ Regulation of Youth Online Speech

Benjamin F. Heidlage

Toward Constitutional Minority Recruitment and Retention Programs: A Narrowly Tailored Approach

Ellison S. Ward

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California Assembly Passes Fair Pay Legislation

From the Feminist Daily News:

The California state Assembly passed a state-level version of the Lilly Ledbetter Fair Pay Act Monday on a 49 to 28 vote. The measure codifies at the state level a broader version of the federal Lilly Ledbetter Fair Pay Act of 2009. According to the bill, the statute of limitations on pay discrimination claims runs from the receipt of each discriminatory payment.

Assemblymember Dave Jones (D), who co-authored the legislation, said in a press release: “The Court’s ruling encourages employers to hide information and will likely lead to more unlawful discrimination. President Obama and the Congress have acted to amend federal law and now we should act to ensure that our state law is not weakened by this court decision. This legislation will ensure that the Supreme Court’s flawed decision does not apply to state laws that affect a worker’s right to equal pay.” …

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Via.

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Lessons for Girls

Compiled by Historiann:

A Feminist Vade Mecum:

  1. Anger, by Historiann.
  2. Opting Out, by Dr. Crazy.
  3. On Pity, by Professor Zero.
  4. Independence, by Sutton.
  5. Trust Your Instincts, by Undine.
  6. No Apologies, by Exile in Academia.
  7. It’s okay if not everyone likes you, by Geeky Mom.
  8. You don’t have to be a mom, by Squadratomagico.
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