LAW PRACTICE
Admitted: Connecticut Bar, 1978; Bar of the Supreme Court of the United States, 1986
Legal work and consulting pro bono with Equality Now, an international human rights organization based in New York City, Nairobi, and London, 1993 to present
Legal work and consulting pro bono with Coalition Against Trafficking in Women (CATW)
Consultation in United States, Canada, Europe, and with international criminal tribunals on litigation, legislation, and administration specializing in issues including rape, sexual harassment, pornography, genocide, and equality
Participation in Litigation:
Dart v. Craigslist, Case No. 09-CV-1385 (2009)
Brief of Amicus Curiae Coalition Against Trafficking in Women in Chicago litigation by Sheriff against Craigslist for pimping online through prostitution ads, brief presenting harm of prostitution and trafficking in this manner written with Freshfield’s for extensive group of signers, filed August 6, 2009 (case lost, however Craigslist eliminated its Adult ad section shortly after)
Co-director, The Lawyers’ Alliance for Women (LAW) Project of Equality Now, an international legal project 2001-2005.
Projects include: international meeting of CEDAW Optional Protocol-ratifying countries to develop complaints (Nov. 2001 at University of Michigan Law School); revision/drafting for African ngos of African Protocol on the Rights of Women (Jan. 2002, Addis Ababa); consultation on drafting of Palermo Protocol (sex trafficking); first inquiry under CEDAW Optional Protocol against Mexico re. murdered women in Ciudad Juarez (2004); Presentation of Concept Paper on Art. 2 (“all appropriate means”) to CEDAW (2005); first use of CSW procedure for series of complaints against countries for sex discriminatory laws
Crawford v Nashville, on cert. to the U.S. Supreme Court, No. 06-1595 (April, 2008)
Consultation on strategy and briefs by party and amici concerning scope of retaliation provision in Title VII sexual harassment case
Lyle v. Warner Brothers, on petition for review, Supreme Court of
California (June 28, 2004)
Letter brief with Legal Aid Foundation-Employment Law Center of San Francisco, opposing Warner Brother’s attempt to invent a First Amendment defense of “creative necessity” in sexual harassment case, supporting Amaani Lyle’s petition for review on discrimination and retaliation claims (partly won)
MZ v. Bolivia, Case 12.350, Observaciones a la contestacion de la denuncia, Inter-American Commission for Human Rights (2001)
Drafting and advice to Latin American NGOs CEJIL and CLADEM and co-writing brief amicus curiae for The LAW Project of Equality Now under Interamerican human rights conventions arguing that reversal of a rape conviction on sex-biased grounds violates sex equality guarantees (pending)
Kadic v. Karadzic, 866 F.Supp. 734 (S.D.N.Y. 1994), 70 F. 3d 232 (2d Cir. 1996), cert. denied 518 U.S. 1005 (1996), won at trial 10 August 2000
Lead counsel, filed March 1993, Alien Tort Act and Torture Victim Protection Act; pro bono representation of named individuals and groups of Bosnian Muslim and Croat survivors of Serbian genocidal sexual atrocities (co-counsel Paul, Weiss, Rifkind, Wharton, and Garrison). Won Second Circuit appeal, denial of certiorari; decertified class in competing case; default judgment on discovery lapses; $745 million award from jury in compensatory and punitive damages and injunction at trial. Collection efforts ongoing.
Little Sisters Book and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69
Intervention application and factum for Supreme Court of Canada intervention with Janine Benedet for Equality Now, arguing that harm standard applies to pornography on an equal basis regardless of sexual orientation (won 9:0)
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998)
Brief Amicus Curiae in U.S. Supreme Court for 14 groups of male survivors of sexual assault by men and their advocates, [National Organization on Male Sexual Victimization, Inc.; Men Stopping Rape, Inc.; Oakland Men’s Project, Inc.; Men Against Pornography; Sexual Exploitation Education Project, Inc.; Men Overcoming Sexual Assault (a project of Bay Area Women Against Rape, Inc.); Stop Prisoner Rape, Inc.; Men Overcoming Violence, Inc.; Community United Against Violence, Inc.; Emerge: A Men’s Counseling Service on Domestic Violence, Inc.; Men Stopping Violence, Inc.; Men’s Rape Prevention Project, Inc.; New York City Gay & Lesbian Anti-Violence Project, Inc.; and National Coalition Against Sexual Assault, Inc.] arguing that male-on-male sexual harassment is sex-based discrimination under Title VII (won, unanimous).
United States v. Lanier, 73 F.3d 1380 (6th Cir. 1996), 520 U.S. 259 1219 (1997)
Brief Amicus Curiae for Vivian Archie and the National Coalition Against Sexual Assault for survivor of oral rape by judge, arguing that her equality rights were thereby violated, in federal criminal prosecution under Section 242 for substantive due process liberty violations. (Reversed and remanded by U.S. Supreme Court; conviction affirmed.)
United States v. Alkhabaz (a/k/a/ Jake Baker), 890 F.Supp. 1375 (E.D. Mich. 1995); 104 F.3d 1492 (6th Cir. 1997)
Advised Jane Doe, victimized by Baker’s snuff pornography of her by name on Internet, Wrote Brief Amicus Curiae for the Victim Jane Doe and the National Coalition Against Sexual Assault, arguing that the pornography of Jane Doe and other evidence constituted a threat to her and other women under Section 18 U.S.C. 875(c) and was constitutional under the First Amendment. (Lost in Sixth Circuit; cert. not sought.)
R. v. Bernardo, No. 274/94 Ontario Court (General Division) (10 Feb. 1995) (LeSage, I.) and Estates of French and Mahaffey v. Ontario A.G., (Feb. 1996) (Gravely, J.)
Seeking leave to appeal to Supreme Court of Canada (Sept., 1998)
Expert witness on effects of showing videotapes of sexual assault of Leslie Mahaffey and Kristin French, 14 and 15 years old, at trial of perpetrator accused of their rape and murder, on behalf of families of girls; consultant to counsel for families. (Result: videotape heard but not seen; defendant convicted of first degree murder). Expert Affidavit and Oral expert testimony in civil action against Crown for control of future availability of videotapes (lost)
Kane v. Church of Jesus Christ Christian-Aryan Nations, Board of Inquiry Decision (Edmonton, Alberta) Feb. 28, 1992
Expert testimony for LEAF against white supremacists (Terry Long) on harm of discriminatory symbols (swastika and cross burning) in support of human rights statute prohibiting them, before Board of Inquiry in Alberta (won, defendant fled jurisdiction).
The Queen v. Butler, [1992] 2 W.W.R. 577 (S.C.C.)
Affidavit and factum in Supreme Court of Canada for intervener Women's Legal Education and Action Fund (LEAF) arguing that harm to women from pornography justifies Parliament in regulating it under sex equality provisions of Charter (won, approach adopted). [Factum available in Women’s Legal Education and Action Fund, Equality and the Charter: Ten Years of Feminist Advocacy Before the Supreme Court of Canada 201 (Edmund Montgomery Publications Ltd 1996). (Volume hereinafter, Equality)]
Thoreson v. Guccione, 584 N.Y.S.2d 506 (1992)
Expert brief arguing that punitive damages are available for sexual harassment in case involving woman used in pornography, in New York Appellate Division (lost).
Keegstra v. The Queen, [1991] 2 W.W.R. 1 and Regina v. Andrews and
Smith, (1991) 77 D.L.R. (4th) 128, and Taylor v. Canadian Human Rights Comm'n, (1990) 75 D.L.R. (4th) 577. Factums at Equality 117 and 133.
Affidavit and factum for interveners Women's Legal Education and Action Fund (LEAF) in Supreme Court of Canada arguing that criminal provision prohibiting promotion of group-based hatred constitutionally advances equality (statute upheld in part on equality grounds) and that human rights provision restricting telephonic hate speech outweighs expressive violations (won, approach adopted).
Queen v. Seaboyer and Gayme, [1991] 83 D.L.R. 4th 193
Affidavit and factum for intervener LEAF arguing that exclusion of victim's sexual history and reputation does not violate fair trial rights and promotes sex equality under the Charter of Rights (lost, new legislation followed). Factum at Equality 173.
Queen v. Sullivan and Lemay, [1991] 63 C.C.C. 3d 97
Affidavit and factum for intervener LEAF arguing that women's equality right to reproductive control determines constitutional approach to successful criminal negligence prosecution of two midwives for death of baby during delivery (midwives not liable, some recognition of equality). Factum at Equality 153.
R.A.V. v. St. Paul, 112 S.Ct. 2538 (1991)
Brief Amicus Curiae for National Black Women's Health Project in U.S. Supreme Court supporting statute prohibiting cross burning on equality grounds against free speech attack (lost).
Robinson v. Jacksonville Shipyards, 760 F.Supp. 1486 (M.D.Fla. 1991),
118 F.R.D. 525 (1988)
Consultant to National Organization for Women Legal Education and Action Fund (NOWLDEF), arguing that pornography on these facts constitutes hostile environment sexual harassment in employment prohibited under Title VII (won at trial; settled after Eleventh Circuit argument).
Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143
Affidavit and factum in Supreme Court of Canada for LEAF arguing rejection of "similarly situated" test and adoption of substantive critique of disadvantage as equality standard under Charter (won 9:0, approach largely adopted). Factum at Equality 3.
Borowski v. A-G. Canada, [1989] 1 S.C.R. 342
Affidavit and factum in Supreme Court of Canada for intervener LEAF arguing that to accept the fetus as a person under section 7 of the Charter would violate women's sex equality right to reproductive control, and that case was moot (won on mootness grounds). Factum at Equality 49.
Daigle v. Trembley, [1989] 2 S.C.R. 530
Factum for Supreme Court of Canada for intervener LEAF arguing that putative father enjoining woman having abortion violates sex equality rights of woman under Charter of Rights. (won result without reaching Charter issues). Factum at Equality 101.
Dworkin v. Hustler, 867 F.2d 1188 (9th Cir. 1989) cert. denied
493 U.S. 812 (1989)
Amicus brief for Gloria Steinem and Susan Brownmiller to 9th Circuit Court of Appeals arguing that Andrea Dworkin's complaint of libel through pornography should go to trial (lost, cert. denied).
Tomen v. Ontario Teachers Federation, 61 D.L.R. (4th) 565
(Ont. Ct. App. 1989)
Consultant and expert witness for Federation of Women Teachers Assns. of Ontario (FWTAO), arguing that all-female public teachers association does not violate Charter's sex equality rights because it promotes sex equality. (Won in Ct. App.; lost in Human Rights hearing)
Assisted LEAF: (in Supreme Court of Canada): Brooks, Allen and Dixon v. Canada Safeway, [1989] 1. S.C.R. 1219, pregnancy discrimination is sex discrimination (won); Janzen v. Platy Enterprises, [1989] 1 S.C.R. 1252, sexual harassment is sex discrimination under Manitoba Human Rights Code (won); Canadian Council of Churches, taking an equality approach to standing under Charter (lost); M. v. M., statute of limitations in proven incest case violates sex equality (won, Supreme Court of Canada); Norberg v. Wynrib, equality arguments support civil recovery in tort damages for woman sexually abused by doctor who kept her addicted to drugs (won). Facta at Equality 67, 87, 223, 245, 361.
(in other jurisdictions) In re D. P., convicted child molester should not be permitted to be called to the bar in Ontario (won); Jane Doe, 40 O.A.C. 161, 740 R.2d 225, 72 D.L.R. 4th 580 (1990), woman raped by serial rapist suing Toronto police for violation of sex equality rights and for negligence in failing to warn (won); A.L.,battered woman's sex equality rights violated by decision not granting her victim compensation (lost); Nielsen, arguing discrimination against lesbians in benefits violates Charter sex equality (stayed for ruling in another case); Prison for Women, attempt to eliminate sex discrimination against incarcerated women (no case filed).
Village Books v. Bellingham, No. C88-1470 D (W.D.Wash.) (Feb. 9, 1989) (unreported)
Amicus brief for Linda Marchiano in federal court First Amendment attack on civil rights anti-pornography ordinance; assisted counsel for interveners Washington Women for Civil Rights (lost; no appeal taken).
Queen v. Canadian Newspapers Co., [1988] 2 SCR. 122
Affidavit and factum for Supreme Court of Canada on Intervention for coalition of groups including LEAF, arguing that prohibition on publishing names of sexual assault victims does not violate Charter expression rights and is protected by Charter-based equality rights of women and children (statute upheld unanimously based on rights of sexual assault victims). Factum at Equality 27.
Pennsylvania NOW v. Commonwealth of Pennsylvania, 122 Pa.Commw.
283, 551 A.2d 1162 (1988), 522 Pa. 592, 561 A.2d 744 (1989)
Consultant to Pennsylvania National Organization for Women arguing that uniform rates by sex for auto insurance constitutes sex discrimination under the Pennsylvania ERA and U.S. Equal Protection clause and that using miles driven as a rate base satisfies sex equality requirements (lost).
Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986)
Co-counsel in U.S. Supreme Court, wrote brief for Mechelle Vinson, arguing that environmental sexual harassment is sex discrimination under Title VII (won 9:0, remand for new trial; settled).
Hudnut v. American Booksellers, 771 F.2d 323 (7th Cir. 1985), aff.mem. 475 U.S. 1132 (1986)
Advised Indianapolis on legislation and litigation making injuries of pornography actionable as sex discrimination; in 7th Circuit, Amicus brief for Linda Marchiano and the Estate of Dorothy Stratten arguing same (lost); drafted U.S. Supreme Court Jurisdictional Statement arguing that civil rights ordinance does not violate First Amendment (lost by summary affirmance).
Alexander v. Yale, 459 F.Supp. 1 (D.Conn. 1977), aff'd., 631 F.2d
178 (2d Cir. 1980)
With Anne E. Simon and Phyllis Crocker, arguing sexual harassment in education violates Title IX (won on law, lost at trial).
General Practice, 1978-1980, New Haven Law Collective
Legal worker and founder, 1976-78, New Haven Law Collective
Legal Intern, 1974, Community Law Office, San Francisco (Paul Harris), and 1975 for Roraback, Williams and Avery, New Haven, CT (criminal law)
PUBLIC SERVICE
(selected)
Special Gender Adviser to the Prosecutor of the International Criminal Court, Luis Moreno Ocampo, The Hague (Nov. 2008 to June 16, 2012)
Suggestions to the Government’s Review of the Sex Purchase Act, Sweden, submission to the government’s inquiry into the sex purchase law (which Andrea Dworkin and I conceived) after 10 years in effect, written with Max Waltman for individual and group signers, filed February 10, 2010; follow-up filings February 2011
Legislation: conceived and advised drafting of civil claim, federal Violence Against Women Act (VAWA) (passed 1994, invalidated U.S. Supreme Court 2000); design for sexual assault claim as sex discrimination passed by California legislature, fall 2002, Cal. Civ. Code 52.4, and Illinois (2003); extensive consultation on sex trafficking and prostitution (state and federal, as well as international, including Sweden, India, and South Africa)
Editorial or Advisory Boards: Academic Freedom Fund Advisory Board (University of Michigan); Women and Criminal Justice, Israel Law Review, Yale Journal of Law & Feminism, Michigan Journal of International Law; originally on International Centre on Criminal Law Reform and Criminal Justice Policy (Vancouver, British Columbia)
Consultation with U.N. on creation of International Tribunal for Crimes in Former Yugoslavia (ICTY); nominated by Bosnia-Herzegovina as ICTY judge (1994); nominated as ICTY prosecutor (1996)
Meeting of Experts on International Criminal Court, Vancouver, 1992 (invitational, to create ICTY, which Bosnian clients and I conceived)
Testimony to U.S. Senate Subcommittee on Labor and Human Services on S. 1484, campus harassment and speech issues, September 10, 1992
Live On-Air Commentary, NBC-TV with Tom Brokaw, Anita Hill-Clarence Thomas Hearings, October, 1991
Legal Committee, Women's Legal Education and Action Fund (LEAF), Toronto, Ontario (developing and supervising sex equality litigation under Charter), 1987-1991
Co-author with Andrea Dworkin of civil rights anti-pornography ordinances, legislative testimony and lobbying in Minneapolis, Indianapolis, Los Angeles, Cambridge (referendum), Bellingham (Washington), Massachusetts, Sweden, New Zealand, and elsewhere 1983-present.
Testimony to U.S. Senate on the Pornography Victims Protection Act and to Attorney General's Commission on Pornography on civil rights approach to pornography, 1986
Testimony to Select Committee on Constitutional Reform, 1987 Constitutional Accord ("Meech Lake Accord"), Legislative Assembly of Ontario, March 31, 1988.
Extensive public education, lectures, workshops, conference addresses, public speeches, media appearances and interviews on issues of sex equality and law worldwide
