Saturday, November 15, 2014
The decision is the first since the U.S. Supreme Court last June ruled that some for-profit companies may, like religious nonprofits, opt out of providing birth control coverage in their insurance plans. In the cases that have followed, various religious nonprofits have maintained, as they did in the Washington case, that the opt-out provision itself is a "substantial burden" on religion, and thus, that it violates the Religious Freedom Restoration Act, a federal law enacted to enhance religious rights.
In rejecting that claim, the U.S. Court of Appeals for the District of Columbia said that "Religious objectors do not suffer substantial burdens ... where the only harm to them is that they sincerely feel aggrieved by their inability to prevent what other people would do ... "
These religious objectors have no right, the court said, "to be free from the unease, or even anguish" of knowing that others are legally entitled to receive or provide birth control. The court noted that birth control coverage was added to the Affordable Care Act because it accounts for a large part of women's preventive health care costs.
Writing for the 3-0 court panel, Judge Cornelia Pillard said the challengers' argument that the opt out harms them by triggering substitute coverage makes little sense in light of the government's need to carry out a duly enacted program.
Read the full decision here Priests for Life v. US Dep't of Human Services
Is Anna Kendrick an actress or an actor? Is it ever okay to refer to her as a comedienne?
These days, gender-specific nouns are often considered inappropriate. Our waiters and waitresses are now servers, our stewards and stewardesses are now flight attendants, and our policemen and policewomen are now just officers. All the major style guides recommend avoiding gender-biased language.
Are there exceptions? Not many.
For some visitors to Germany, street crossings are among the main tourist attractions. In the formerly communist east of the country, little traffic-light men, some equipped with hats or walking sticks, were installed to guide pedestrians more than 50 years ago. This tradition is more alive today than ever before, even in some western German cities.
But in the western city of Dortmund, the undeniable preponderance of male figures in the traffic lights is causing a controversy. In one of the city's districts, the Green and Social Democratic parties have urged the municipality to pursue gender equality among their traffic lights.
"Given the equality of men and women, a partial transformation of 'traffic light men' into 'traffic light women' would only be consistent," the two political parties said in a statement quoted in national media outlets.
Friday, November 14, 2014
Amusing story with bits of cross-cultural illumination:
Call them stretch jeans, jeggings, ex-girlfriend jeans or what not - we're talking about men in tights. Tight jeans that is. While some men gasp in horror at the idea of wrapping their legs in stretch, others embrace the comfort the new trend provides. FashionUnited wanted to know how men like their jeans and did a bit of research.
First, there's the assumption that jeans have to be 'manly' – rugged, tough, weathered, worn for men, are adjectives that come to mind when thinking of jeans for me, as epitomized by pop icons like the quintessential cowboy John Wayne, rebel James Dean or the working class heroes that rock legends like Bruce Springsteen likes to sing about. Now picture them in a pair of skin-tight jeans instead of the rigid version. It's quite a stretch, isn't it (pun intended)?
"We may name it a Male Law, or Macho law," he said.
From the UK Express:
MEN who have children by different women should be PAID by the government for increasing the population, claimed a Russian MP.
The new "Macho Law", which was proposed by Valeriy Seleznyov, could see men that have a string of children with different women paid an unspecified amount to help cover child costs.
The MP wants to extend a system that is already in place in Russia - where woman can claim "maternity capital allowances" of around £6,500 when they have more than one child.
He went on to explain that the amount granted from the "Macho Law" could then be used to help cover property and education costs.
"Some men have several children from different women, each of whom is not eligible for the 'maternity capital programme, as some of them have only one child, and others can be married to another man," he explained.
Thursday, November 13, 2014
The purpose of the workshop is to bring together researchers from different parts of the world to share their findings about the role of law in addressing some of the most challenging aspects of discrimination: those involving the intersection between gender, race and poverty. There were few opportunities of getting together researchers in Latin America, Africa, Europe and North America to work together on these issues. Despite the problems, the legal challenges and possibilities for reform are similar and closely related. The workshop will address the international and comparative law, and theory and practice.
The World Development Report 2012 identified substantive victories for women: there was an increase in their schooling, in their life expectancy and in their participation in the labor market. However, these gains were not reachable to poor women. Women in countries with low and middle income are more likely than men to die, they face unequal access to economic opportunities and are being marginalized in their homes and in society. This results in a cycle of discrimination and disempowerment. Women are responsible for a disproportionate share of care tasks in their homes, an activity that is not valued or remunerated, leading to lower levels of education and lack of preparation to seek financial independence in the formal labor market or to break with prejudices and stereotypes the role of women.
Whereas the World Development Report highlights that these gaps are more pronounced when gender and poverty are combined with other exclusion factors – ethnicity, caste, remoteness, age, race, disability and sexual orientation – there should have a critical study of forms of interaction between gender, race and poverty. While the feminization of poverty is a phenomenon long recognized, gender inequality, racial inequality and poverty are conceptualized as separate problems. Poverty is often approached from a neutral point of view with regard to gender, rather than adopting a comprehensive, integrated and holistic gender perspective. Likewise, racial discrimination is accessed by a neutral perspective regarding both gender and poverty. These approaches are not adequate to portray the various and intricate human rights violations experienced by poor women with multiple identities
With progress towards improved judicial diversity moving at snail’s pace, ‘the time has now come for quotas’ according to a Report, Judicial Diversity: Accelerating Change, commissioned by the shadow Lord Chancellor Sadiq Khan, published last week. This is not a surprise. Back in April 2014 when announcing the appointment of the Report’s authors, Sir Geoffrey Bindman QC and Karon Monaghan QC, the press reported that “Nothing is off the table”:
“A Labour government would be prepared to introduce the “nuclear option” of quotas for female and black and ethnic minority judges to avoid a 100-year wait to achieve a judiciary reflecting the composition of the population. “
More recently, Lord Neuberger has stated that the absence of judicial diversity, especially in senior posts, is a major concern for the judiciary. Emphasizing that we must not assume that the problem will resolve itself, he continued
“I am not one of those people who optimistically thinks that if we just sit back it will all sort itself out and the judiciary will eventually include many more women and ethnic minorities.”
[h/t Sonia Lawrence]
For nearly 80 years, U.S. officials have collected crime data from local, federal, and tribal law enforcement agencies in order to paint a statistical portrait of violent and property crimes reported across America. And for nearly 80 years, this Uniform Crime Reporting program has relied on the same old definition of rape: the “carnal knowledge of a female forcibly and against her will.”
Last year, the FBI finally updated the definition for the modern era. Rape is now defined as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” Now, the FBI hopes that the statistics will finally reflect “a long list of sex offenses that are criminal in most jurisdictions, such as offenses involving oral or anal penetration, penetration with objects, and rapes of males” that had previously been erased from the big picture. The new definition also drops the “forcible” qualifier in favor of “without the consent of the victim,” encouraging jurisdictions to report rapes perpetrated without a show of physical force.
Today, the FBI released Crime in the United States 2013, its first annual report to rely on this more inclusive definition of rape.
Wednesday, November 12, 2014
Clare Huntington, Fordham Law, has uploaded "Postmarital Family Law" on SSRN. It's forthcoming from Stanford Law Review and its abstract reads:
Family law is based on marriage, but family life increasingly is not. The American family is undergoing a seismic shift, with marriage rates steadily declining and more than four in ten children now born to unmarried parents. Children of unmarried parents fall far behind children of married parents on a variety of metrics, contributing to stark inequality among children. Poverty and related factors explain much of this differential, but new sociological evidence highlights family structure — particularly friction and dislocation between unmarried parents after their relationship ends — as a crucial part of the problem. As the trend toward nonmarital childbearing continues to spread across class lines, the effect will be most pronounced among children.
This shift is the single most important issue facing family law today, yet scholars have been slow to engage with the structure and substance of the law in response. In family law, the marital family serves as a misleading synecdoche for all families, not only marginalizing nonmarital families, but also actively undermining their already tenuous bonds.
It is essential for family law to address the needs of both marital and nonmarital families. This entails a new theory of state regulation as well as new doctrines, institutions, and norms in practice. Some feminists argue that the state should privilege caregiving between parents and children instead of marital relationships, while other commenters stubbornly advocate marriage primacy — the elevation of marriage above other family forms — despite all evidence that marriage promotion fails. These responses fundamentally misunderstand nonmarital family life, in which dynamics between parents deeply affect children yet marriage is not realistically returning. We must instead understand that it is possible to separate marriage from parenthood but not relationships from parenthood. The state must accordingly help unmarried parents become effective co-parents, especially after their relationship ends, so they can provide children with the healthy relationships crucial to child development. This theoretical insight, and the family law that flows from it, will inaugurate a larger debate about how to prepare for a world in which marriage is not the defining institution of family life.
Thus writes a NYT reporter regarding quarterback Tony Romo (he of the NFL's Dallas Cowboys) who has suffered genuinely painful injuries but feels pressure to play.
Romo is a terrific fourth-quarter quarterback, a warrior in the beloved military argot of the N.F.L. He has played with torn ligaments and broken bones and come back early from many injuries.
He walked out stiffly to meet the press Thursday morning. “I mean, it’s sore,” he said. “It’s not a comfortable feeling.”
Then he added, “Just normal stuff.”
He was lying. I called Dr. Frederick Azar, an orthopedic surgeon who is the team physician for the Memphis Grizzlies of the N.B.A. and president of the American Academy of Orthopaedic Surgeons.
“Romo’s still in the inflammatory stage; it takes three to four weeks just to calm the nerves and muscles down,” Azar said. “If he thinks he can go, O.K., but he’s going to be in a lot of pain.”
Tuesday, November 11, 2014
TBT from last year's post:
Veteran's Day raises conflicting responses from feminists. While it is a day to honor lives given in service, it is also a day that reminds us of women’s historical exclusion from power, opportunities and benefits. Women’s exclusion from the military and advantageous combat positions has had the trickle-down effect of denying them the ancillary veterans’ benefits of GI-bill education, family support, small business loans, and healthcare. Veterans’ preferences in employment, home loans, problem-solving courts, and treatment programs disparately advantage men to significant economic benefit. Even now as women seek these military opportunities, they are only tokenly being “tested” for combat roles, reminded that there "will be no lowering of standards." As if that's required. And as if the standard itself is not male defined.
For reading on gendered implications of veterans, see:
Personnel Administration v. Feeney, 442 U.S. 256 (1979).
When the men's championship is played on real grass, but the women's championships are played are artificial turf with its higher risk of injury and harm to players.
See National Law Rev, Turf War: Female Soccer Stars Sue FIFA and the Canadian Soccer Association
More than 60 of the top female soccer players, including U.S. stars Abby Wambach and Alex Morgan, have brought a lawsuit against the Canadian Soccer Association and FIFA, the international governing body of football, asserting that the organizations’ decision to play the 2015 Women’s World Cup on artificial turf constitutes gender discrimination. A men’s World Cup has never been played on artificial turf and the men will play the 2018 and 2022 World Cup tournaments on grass.
Monday, November 10, 2014
Amalia Miller and Carmit Segal, both economists, have an interesting article titled "Do Female Officers Improve Law Enforcement Quality?" It's uploaded on SSRN and the abstract reads:
We study the impact of the integration of women in US policing between the late 1970s and early 1990s on violent crime reporting and domestic violence escalation. Along these two key dimensions, we find that female officers improved police quality. Using crime victimization data, we find that as female representation increases among officers in an area, violent crimes against women in that area, and especially domestic violence, are reported to the police at significantly higher rates. There are no such effects for violent crimes against men or from increases in the female share among civilian police employees. Furthermore, we find evidence that female officers help prevent the escalation of domestic violence. Increases in female officer representation are followed by significant declines in intimate partner homicide rates and in rates of repeated domestic abuse. These effects are all consistent between fixed effects models with controls for economic and policy variables and models that focus exclusively on increases in female police employment driven by externally imposed affirmative action plans resulting from employment discrimination cases.
Saturday, November 8, 2014
Deborah N. Misir is in the sixth month of a high-risk pregnancy. So Ms. Misir, a Long Island lawyer, has asked that an upcoming trial for one of her clients — set for about two months before her due date — be postponed.
Doctors told Ms. Misir, 42, to “avoid stress, pressure and upsetting confrontations, which could result in medical complications that could threaten the life of my baby,” according to a letter she wrote on Wednesday to the judge.
But thus far, Ms. Misir’s request has gone nowhere: The United States attorney’s office has fought the proposed delay, and the judge, citing her health, even asked about a trip to Washington that she said she was planning.
“I am puzzled by the U.S. attorney’s office’s objection to any adjournment due to my pregnancy,” Ms. Misir said. “Pregnancy — much less high-risk pregnancy — has long been recognized in this country as a legal disability requiring accommodation."***
In an Oct. 20 letter to the judge opposing the request, prosecutors wrote that the case had been long pending; that Ms. Misir had agreed previously to the January date; and that she had a “highly experienced and able” co-counsel. The government also cited Mr. Tabone’s right to a speedy trial, adding, “The court should not countenance further delay of the trial.” ***
She wrote that she had worked as a Justice Department lawyer, as an ethics lawyer in the White House and as a deputy assistant secretary of labor for policy.
“In over 17 years of federal practice,” she said, “I have never been treated so disrespectfully, brutally, and with lack of basic civility by opposing counsel, as has occurred in this court.”
Friday, November 7, 2014
Today, families are no longer quite so cookie cutter similar. Some families are comprised of a mother and her children and a father who is no longer an active member of the family or never has been. Other families consist of two absent parents, leaving the parental role to be fulfilled by grandparents or foster families. And there are, for the first time in history, a fair amount of same sex parents who are raising children. These types of family are a few million strong.
Despite studies proving otherwise, some people still insist that children are being ruined by this type of family dynamic. They deem homosexual couples as "unfit"parents, but don't seem to have concrete or legitimate evidence to substantiate their claims. They fight against same-sex adoption with the fervor of a quarterback at the Super Bowl.
So, what do opponents argue?
Check out the rest here.
Thursday, November 6, 2014
Athena Nguyen (Monash), Through the Eyes of Women? The Jurisprudence of the CEDAW Committee, Outskirts Mag. (May 2014).
In 1999, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (OP CEDAW) was adopted. The OP CEDAW was received with much enthusiasm as it enabled women, for the first time, to submit a communication to the CEDAW Committee about a violation of their CEDAW rights and to seek redress at an international level. Whilst some of this enthusiasm has since been dampened by the significant number of communications that have been declared inadmissible and by criticisms about the progressiveness of the Committee’s views, the Committee has nonetheless issued a number of important decisions on areas such as violence against women, reproductive health and gender stereotyping. In this paper, the jurisprudence of the CEDAW Committee’s views will be examined. The question will be asked, have the views of the CEDAW Committee been cautious or progressive? Consistent or inconsistent? Commendable or regrettable? This paper will demonstrate that in cases involving severe human rights violations, such as violence, rape or death, the CEDAW Committee has been strong in its views and has incorporated a good analysis of how gender has contributed to these violations. However, for matters in which the discrimination has not been as direct or the consequences have not been as severe, the Committee has not undertaken the more nuanced analysis that is needed to draw out the human rights violations that have occurred. Hence, whilst the CEDAW Committee has commendably advanced the international law on women’s human rights in some areas, it has also been reluctant and slow to do so in others.