A Picture Is Worth A Thousand Words: Court Of Appeals of Iowa Fails to Resolve Whether Facebook Photos Trigger Rape Shield Rule Analysis

Similar to its federal counterpart, Iowa Rule of Evidence 5.412a, Iowa’s rape shield rule,

Notwithstanding any other provision of law, in a criminal case in which a person is accused of sexual abuse, reputation or opinion evidence of the past sexual behavior of an alleged victim of such sexual abuse is not admissible.

A grandfather is charged with sexual crimes against his granddaughter based upon acts committed starting in 2004 when she was 8 years-old. At trial, the grandfather wants to introduce into evidence three photographs posted to a Facebook page in 2010 depicting: (1) the alleged victim holding several condoms and her mother standing behind her; (2) the alleged victim inflating a condom like a balloon; and (3) the alleged victim’s mother making a gesture with her hand/face that could be interpreted as a sexual gesture. Do these photographs depict “sexual behavior,” rendering them inadmissible under the rape shield rule? That was a question that the Court of Appeals of Iowa didn’t (have to) answer in its recent opinion in State v. Parker, 2011 WL 5387212 (Iowa App. 2011).

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Tait on “Do Patents Have Gender?” by Dan Burk

Allison Tait, a Gender Equity and Policy Postdoctoral Associate with the Yale Women Faculty Form has posted a review of Dan Burk’s piece, Do Patents Have Gender?  Dr. Tait writes:

While Burk would like to separate gender realities from gender theory, the two are not so easy to disentangle. The marginalization of women scientists continues to inform the framework of feminist theory. What is interesting, however, is to speculate about the kind of patents we will see when women scientists reach parity and have the luxury of large shops of their own.

Read the rest of Dr. Tait’s post, with comments by Tan Mau Wu, here.

-Bridget Crawford

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Hamilton College’s Elihu Root Peace Fund Visiting Professor in Women’s Studies

From the FLP mailbox, this request for applications for Hamilton College’s 2012-2013 Elihu Root Peace Fund Visiting Professor in Women’s Studies:

The Women’s Studies Department at Hamilton College invites applications and nominations for the 2012-2013 Elihu Root Peace Fund Visiting Professor in Women’s Studies.  This is a visiting professorship endowed for the purpose of serving the needs and interests of women at Hamilton College.  We seek a scholar at the rank of Professor or Associate Professor with experience teaching women’s studies courses. We are particularly interested in scholars whose areas of teaching and/or scholarly expertise is in critical race studies (African American, Latina, Native American, indigenous feminisms) with particular attention to the areas of race, gender, and reproductive justice; criminalization and imprisonment; sexuality and queer theory.

Teaching load is 3 courses for the year.  Salary is commensurate with experience; other responsibilities are negotiable.  Please send a letter of application, curriculum vitae, and names of three references to:  Prof. Anne E. Lacsamana at wssearch@hamilton.edu.  Application deadline is January 16.

Hamilton College is a residential liberal arts college located in the Mohawk Valley of upstate New York; for applicants with dual-career considerations, Hamilton participates in the regional Higher  Education Recruitment Consortium, which posts additional area employment opportunities at
Hamilton College is an affirmative action, equal opportunity employer and is committed to diversity in all areas of the campus community. Hamilton provides domestic partner benefits.  Candidates from underrepresented groups in higher education are especially encouraged to apply.

-Bridget Crawford

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What Derb doesn’t get (about the reality of sexual harassment)

As noted in earlier discussions, conservative pundit John Derbyshire recently wrote: “Is there anyone who thinks sexual harassment is a real thing? Is there anyone who doesn’t know it’s all a lawyers’ ramp, like “racial discrimination“? You pay a girl a compliment nowadays, she runs off and gets lawyered up.” (Some other pundits have expressed similar views.)

For comparison, here are a few snippets from the facts of some court opinions in actual recent sexual harassment cases. (major trigger warning — these cases contain some extremely disturbing fact patterns) Continue reading

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Posted in Acts of Violence, Sexism in the Media, Sexual Harassment | 1 Comment

On female privilege

(Cross-posted at Concurring Opinions)

You mention male privilege in a blog post, and it’s inevitable: Someone else (usually male) will start asking about female privilege. If men have privilege, don’t women have privilege too? And does that undercut the idea of male privilege as a type of gender subordination which is built into society? (Because, the implication goes, we all have privilege — and so feminists should stop complaining about male privilege.)

And, so, predictably, some critics of feminism, “men’s rights” blogs, and the like have assembled lengthy lists of female privilege. (Women get their dates paid for — it isn’t fair!) And it’s true that there are areas where, taken on a stand-alone basis, male and female treatment appears to favor women. As we’ll see, I don’t think these areas really provide an analogue to male privilege.

We’ll start with the obvious, descriptive matter: Some areas exist in which women have some advantages. For one obvious example, some bars offer free drinks to women on some evenings. (Ladies night.) Looked at in isolation, these could be viewed as areas of female privilege. However, in context, it seems evident that this apparent female privilege fills one of two roles. Continue reading

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Posted in Feminism and Law | 5 Comments

Nancy Cantalupo on “Persistent Problem of Campus Sexual Violence”

Forthcoming this week in the Loyola University Chicago Law Journal is this article by Nancy Chi Cantalupo: “Burying Our Heads in the Sand: Lack of Knowledge, Knowledge Avoidance, and the Persistent Problem of Campus Peer Sexual Violence.” Here is the abstract:

This article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 (“Title IX”) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), are failing to fulfill that goal and how these legal regimes can be improved to reach this goal. It explicates how Title IX and the Clery Act ignore or exacerbate a series of “information problems” that create incentives for schools to “bury their heads in the sand” with regard to campus peer sexual violence. These information problems include: 1) the damage to a school’s public image that can come from increased reporting of the violence; 2) the persistent myth that such violence is committed mainly by strangers; 3) the lack of awareness by most school officials about the violence and a school’s legal obligations with regard to preventing the violence; and 4) the prohibitively expensive broad-based education and training that correcting such information problems would require. Several legal deficiencies emerge from this examination, including: 1) problems arising from the “actual notice” prong of the test created by the Supreme Court in Gebser v. Lago Vista Independent School District and Davis v. Monroe County Board of Education; 2) problems related to the Department of Education’s administrative enforcement of Title IX; and 3) problems with the campus crime reporting provisions of the Clery Act. The article discusses each deficiency in turn, how each serves to enable schools’ lack of knowledge and avoidance of knowledge about peer sexual violence, and how each fails to solve or exacerbates the information problems faced by schools, students, and parents. Finally, the article concludes with a series of recommendations for changes that should be made to Title IX, the Clery Act, and their enforcement regimes to address these information problems and ultimately to prevent and end the persistent problem of campus peer sexual violence.

The full article is available here.

-Bridget Crawford

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The reason

Interviewer: So, why do you write these strong female characters?

Joss Whedon: Because you’re still asking me that question.

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Posted in Feminism and the Arts | 1 Comment

Harassment, male privilege, and jokes that women just don’t get

(Cross-posted to Concurring Opinions blog)

A familiar theme comes up frequently in internet discussions: Women who complain about online harassment are just missing the joke. Continue reading

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Posted in Feminism and Technology, Feminism and the Workplace, Sexual Harassment | Tagged , , , , , | 11 Comments

Blogging as a Feminist (Unpaid) Method

Author extraordinaire Courtney E. Martin writes at The Nation (here) about the challenges of feminist blogging and online organizing:

Online feminism is operating at this critical political intersection: amplifying the voices of the unheard, mobilizing funding and energy towards the underserved, and publicizing legislation developments and actions to those who are more likely to be working in school libraries or ordinary office buildings than on Capitol Hill. It can be—and it already is—the conduit between those fully devoting themselves to professional feminism and those who care deeply and want to be engaged citizens, but don’t have the luxury of working within the movement. One veteran feminist, upon hearing about the kind of work Feministing has been doing exclaimed, “You are the NOW of now!” Yet we have nothing comparable in terms of resources. * * *

Here’s the bottom line: with support, feminist blogs and online advocacy organizations can develop the next generation of feminist leaders, rapidly mobilize readers to hold corporations accountable, put pressure on lawmakers and spur local coalition-building—at an unprecedented scale. But without a supported feminist web, we will continue to be primarily reactive, increasingly myopic, and elite (who else can afford to blog unpaid?).

The entrepreneurial way in which feminists have utilized the Internet has completely transformed the nature and reach of social justice organizing. For years, bloggers and online organizers were just testing the waters and seeing what worked. Now, the proof of concept phase has long past. It’s time to mature into the second stage—in which online feminism is funded, forward-thinking and just as fierce. It’s time for all of us—bloggers, organizers, philanthropists and business experts alike—to put our heads together and figure out how to create a robust, sustainable online space that can serve as the “women’s center in the sky” (as Gloria Steinem recently put it to me) for the next generation.

Read the full piece here.

The ones doing the serious, day-to-day work of online feminism — and here I’m referring to bloggers at Feministing, Racialicious, Tiger BeatDown, along with their lesser-known sisters and brothers — struggle to make ends meet.  Law professors, in contrast, have the twin luxuries of salaries and time.  We pay for hosting services out of our own pockets, but that’s not nearly the same financial burden for a law prof as it is for a struggling freelancer. So what can law profs do to support feminist blogging?  Offer material and professional support as possible to other feminist bloggers!  Start by reaching into the wallet (even if the donation is not tax deductible).  If you’ve got your own blog, be generous with links and cross-posts.  Small steps in the correct direction.

-Bridget Crawford

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Posted in Activism, Feminist Blogs Of Interest | 1 Comment

Want to Increase Opportunities for Female Students on Law Reviews? Increase Faculty Diversity

From New York Law School:

The New York Law School Law Review (NYLS) has issued its 2010–2011 Law Review Diversity Report examining female and minority representation among the membership and leadership, including editors in chief, of general interest law reviews or journals at ABA-accredited law schools. According to the report, law reviews at schools with a high percentage of female full-time faculty and schools with a high percentage of minority full-time faculty had, on average, significantly greater gender diversity among their student membership and leadership, as well as a higher rate of female editors in chief (“EIC”), than law reviews at law schools ranked in the Top 50 by U.S. News & World Report (“U.S. News”). The report is available here.

-Bridget Crawford

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Assisted Reproduction and Cross Border Travel

Richard F. Storrow, City University of New York School of Law, has published Assisted Reproduction on Treacherous Terrain: The Legal Hazards of Cross-Border Reproductive Travel at 23 Reproductive Biomedicine Online 538-545 (2011).

The growing phenomenon of cross-border reproductive travel has four significant legal dimensions. First, laws that ban or inhibit access to assisted reproductive procedures in one country lead patients and physicians to travel to other countries to acquire, to contribute to or to provide assisted reproductive services. Such laws may include provisions that criminalize those who assist or advise patients to undertake such travel. Second, the law may expressly criminalize crossing borders to obtain, to be a donor for or to perform certain procedures. Third, the law may interfere with the ultimate goal of reproductive travellers by refusing to recognize them as the parents of the child they have crossed borders to conceive. Finally, facilitating cross-border reproductive travel may expose physicians, attorneys and brokers to malpractice or other civil liability. This article explores these legal dimensions of cross-border reproductive care and uses the legal doctrines of proportionality, extraterritoriality and comity to assess the legality and normative validity of governmental efforts to curb or limit assisted reproductive practices.

The full text is not available from SSRN.

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The Man Question: A Conference for Nancy Dowd

Professor Nancy Dowd, the Levin Chair in Family Law, at the University of Florida has published a terrific new book called The Man Question.

I am very pleased to announce that scholars who study law’s relationship to masculinities and manliness, have convened a workshop at the University of Florida in honor of Nancy’s accomplishment.

Professor Martha Fineman at Emory will provide the keynote address and confirmed speakers include Professors Frank Rudy Cooper, John Kang, Ann McGinley, Valorie Vojdik.

The event is free and all are invited.  Those interested may email me at johnmkang@gmail or Professor Rachel Rebouché.  The formal announcement follows.

Asking “The Man Question:” A Workshop on Contemporary Masculinities

University of Florida Levin College of Law

Third Floor, Holland Hall, Room 345

Friday, November 18, 2011, 10:00 a.m.

 This workshop brings together leading gender and masculinities scholars to discuss the issues raised by Professor Nancy Dowd in The Man Question.  Speakers will explore questions of masculinity across diverse areas of employment discrimination, criminal law, international law, and constitutional law.  In addition, participants will grapple with theoretical questions of history, identity, vulnerability, and the limitations of equality rights.

 

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Here are the Women! “Issues in Legal Scholarship” Edition

Check out the table of contents for Issues in Legal Scholarship: Vol. 9 : Iss. 1 (Denaturalizing Citizenship: A Symposium on Linda Bosniak’s The Citizen and the Alien and Ayelet Shachar’s The Birthright Lottery).

  • Denaturalizing Citizenship: An Introduction, 
Leti Volpp
  • Making Membership, 
Saskia Sassen
  • Boundaries and Birthright: Bosniak’s and Shachar’s Critiques of Liberal Citizenship, 
Rainer Bauböck
  • The Political Challenges of Bounded, Unequal Citizenships, Rogers M. Smith
  • The Dark Side of Citizenship: Membership, Territory, and the (Anti-) Democratic Polity
, Clarissa Rile Hayward
  • Rethinking Citizenship through Alienage and Birthright Privilege: Bosniak and Shachar’s Critiques of Liberal Citizenship
, Sarah Song
  • Creedal Citizenship, 
Mark Tushnet
  • Prohibited Realities and Fractured Persons: Remaking Lives in Transnational Spaces,
 Susan Bibler Coutin
  • Developing Citizenship, 
Muneer I. Ahmad
  • The Geometry of Inside and Outside
, David Abraham
  • Alien Equality, 
Peter Nyers
  • Making Sense of Citizenship
, Linda Bosniak
  • The Birthright Lottery: Response to Interlocutors, 
Ayelet Shachar

Gender balance is a choice.

H/T @OsgoodeIFLS

-Bridget Crawford

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There are the Women! Contracts Prof Blog Edition

Professor Jeremy Telman (Valparaiso), Editor of the ContractsProfBlog, writes (here):

Bridget Crawfod [sic] often asks “Where are the Women?” when women are unrepresented or underrepresented in publications or conferences.  Well, the answer to “Where are the women writing on contracts law?” is not on the Feminist Law Professors blog.  It’s here at the ContractsProf Blog.

Nice!

FYI, the Contributing Editors over at ContractsProfBlog are:

-Bridget Crawford

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Human High Heels

This image creeps me out.  Luckily, it’s an artistic creation a la Photoshop (not an actual foot!) by Richard Darell at Bit Rebels.  Lots of interesting art/social commentary at that site; definitely worth a look.

-Bridget Crawford

image source: Richard Darell, Bit Rebels
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Posted in Feminism and Culture | 1 Comment

CFP “Weaving Alliances from Feminist Economics”

From the FLP mailbox, this CFP:

21st International Association for Feminist Economics Annual Conference: 27-29 June, 2012

Barcelona, Spain

Human Well-being for the 21st Century: Weaving Alliances from Feminist Economics

The 2012 IAFFE conference theme, “Human Well-Being for the 21st Century: Weaving Alliances from Feminist Economics”, will be conducive to discussions on the effects of the global crisis as well as policy, action and alliances from a feminist economics perspective. In addition to regular presentations, we invite everyone to organize sessions and present papers analyzing the multiple aspects of the crisis and to shape feminist responses to the challenging questions facing the world today.

Submissions: Proposals must be submitted on-line via the IAFFE website. Submissions can be made for panels or individual papers. Participants are limited to one formal paper presentation and one panel discussion. Additional co-authored papers are allowed so long as they are presented by the other co-author.

Please see the IAFFE website for detailed submission guidelines, as well as the limits for individual participation in panels and paper presentations (here).

Deadline for Submission: The deadline for submissions is February 1, 2012.

Acceptances announced by early March.

Conference Site: The conference will be held at the Facultat de Geografia i Història, Universitat de Barcelona, Barcelona, Spain.

Travel Grants: Travel grants may be available; please see the IAFFE website for updated information.

-Bridget Crawford

 

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The Oh in Ohio: Court of Appeals of Ohio Shockingly Concludes Rape Shield Rule Doesn’t Cover Nonconsensual Sexual Activity

We disagree with Michael to the extent that it stands for the proposition that the rape shield law has any application to prior sexual abuse suffered by a child victim. In construing the rape shield statute, “our paramount concern is the legislative intent” in enacting it….To discern this intent, we must “read words and phrases in context according to the rules of grammar and common usage.”…Ohio’s rape shield law prohibits evidence of “specific instances of the victim’s sexual activity” unless one of four exceptions applies. The statute’s reference to “specific instances of the victim’s sexual activity” connotes volitional activity by the victim with another and not involuntary activity such as that which would stem from being subjected to sexual abuse. State v. Stoffer, 2011 WL 4579182 (Ohio App. 7 Dist. 2011).

In my research on rape shield rules from across the country, this is the first example that I could find in which a court categorically concluded that a rape shield rule does not preclude the admission of evidence of other acts of child sexual abuse committed against the alleged victim. Moreover, this quote strongly implies that the Court of Appeals of Ohio, Seventh District would find that the rape shield rule also does not preclude the admission of evidence of other rapes or sexual assaults committed against an alleged adult victim, a reading borne out by this later passage in the court’s opinion:

[W]e construe that the legislative intent of Ohio’s rape shield law was to address only past consensual sexual activity of the victim and not prior sexual abuse suffered by the victim.

In this post, I will explain why I think that Stoffer is not only horribly misguided but also dangerous.

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Dean Search–University of Baltimore School of Law

The University of Baltimore invites applications and nominations for the position of Dean of the School of Law.

The University of Baltimore School of Law is a vibrant, urban law school that is deeply engaged in the local, state, national and global legal communities. In early 2013, the Law School will complete construction of a new, 12-story platinum LEED certified facility that will support innovative pedagogy, flexible spaces for faculty and student interaction, a state-of-the-art library, and student-centered services. In recent years, the Law School has hired dynamic scholar-teachers, begun a medical-legal partnership with The Johns Hopkins University, revamped its curriculum to emphasize critical thinking, and obtained a multi-year institution funding commitment that will increase the law school’s expenditure budget.

The new Dean will have the opportunity to build on the Law School’s momentum and to impart a vision for a 21st Century law school. As the Law School’s chief academic officer, the Dean will be expected to provide intellectual and administrative leadership, guiding the Law School in fulfilling its continuing goal of offering cutting-edge education for current and future generations of students.

The School of Law is committed to producing graduates who are critical thinkers and practice- ready lawyers. The School’s nationally renowned clinical program offers nine clinics, and almost all students take advantage of the school’s experiential learning opportunities. All first-year students take an expanded legal writing program that integrates a doctrinal course with a writing course, and also enroll in one of five Law in Context offerings, which are designed to give students theoretical understandings of the law. There are five dynamic centers at the Law School: The Center for Families, Children and the Courts; the Center on Applied Feminism; the Center for Sport and the Law; the Center for International and Comparative Law; and the Stephen L. Snyder Center for Litigation Skills. The Law School prepares students for a global legal practice by offering programs such as a Master of Laws in the Law of the United States; longstanding study abroad programs in international and comparative law in Scotland, Israel, and Curacao; and exchanges between faculty and students at the Law School and international institutions.

The School of Law was founded in 1925 and is part of the State of Maryland higher education system. It is the sixth-largest public law school in the country, with approximately 1,100 students. Students come from 31 states and 14 countries; they are graduates of 153 different colleges and universities. Eighteen percent are students of color and 30 percent are from out of state. Our students’ entering credentials continue to rise; the median LSAT score in 2011 was 156. There are 57 full-time faculty members, of whom 47 have tenure.

The School of Law is part of the University of Baltimore, which is one of the Carnegie Foundation’s first “community engaged” universities. The University enrolls more than 6,500 students and is comprised of four academic units: The Yale Gordon College of Arts and Sciences, the College of Public Affairs, the Merrick School of Business, and the School of Law. The University is located in the cultural heart of Baltimore, near museums, concert halls, and educational arts institutions. The Law School is deeply ingrained in the Maryland legal community, and its dedicated alumni actively participate in the life of the Law School, teach as adjunct professors, and support current students through a wide range of mentoring activities. Furthermore, the wide alumni network in Maryland provides current students with numerous internship and career opportunities. The Law School’s dynamic Law and Career Development Office assists students in taking advantage of these opportunities and has expanded the schools’ reach throughout Maryland and Washington D.C.

Candidates must possess a J.D. or its equivalent from an accredited institution, progressive leadership experience, excellent interpersonal skills, and outstanding achievement that fulfills the School’s requirements for tenure at the rank of Professor. Strong preference is for someone who has had administrative experience, a record of scholarship within the field of law, and fiscal and fundraising expertise. The ability to build upon and further develop good relations with legislators, the Bar, state agencies, alumni, and donors is crucial.

The University of Baltimore is committed to diversity and welcomes applications and nominations of women, minorities, and others whose background and viewpoints contribute to the diversity of our institution.

Greenwood/Asher & Associates, Inc. is assisting the University of Baltimore in the search. Initial screening of applications will begin immediately and continue until an appointment is made. For best consideration, materials should be provided by January 27, 2012. Nominations should include the name, position, address, and telephone number of the nominee. Application materials should include a letter addressing how the candidate’s experiences match the position requirements, a resume, and contact information for at least five references. Submission of materials as MS Word attachments is strongly encouraged.

Confidential inquiries, nominations, and application materials should be directed to:
Jan Greenwood or Betty Turner Asher
Greenwood/Asher & Associates, Inc.
42 Business Center Drive, Suite 206
Miramar Beach, FL 32550
Phone: 850.650.2277τFax: 850.650.2272

E-mail: jangreenwood@greenwoodsearch.com
bettyasher@greenwoodsearch.com

For more information about the University of Baltimore visit the website at
www.ubalt.edu

The University of Baltimore is an AA/EOE employer.

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Female Representation on German Corporate Boards

From The Atlantic:

Last Monday, the 30 companies of Germany’s blue-chip DAX stock index pledged to increase the proportion of women in management positions. That’s news in itself. What’s most interesting, however, is what didn’thappen that day, and what some German politicians openly argue should have happened.

In the U.S., there’s a lot of hemming and hawing about the scarcity of female managers on Wall Street. * * *

Right now in Germany, the talk has pole-vaulted over the personal and the cultural to the legal. What Labor Minister Ursula von der Leyen wants, and what she frankly seems pretty frustrated not yet to have gotten, going by her remarks to German television, are legally binding quotas.

Read the rest of the article here.

H/T Marie Newman

-Bridget Crawford

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The Polyandrous Neo-Office Wife

An article in a recent issue of the ABA Journal may help to shed some light on how women partners fare at larger law firms in terms of office support. The article describes how, in a survey of 142 legal secretaries at larger law firms in 2009 conducted by Chicago-Kent law professor Felice Batlan, not a single secretary expressed a preference for working with a female partner.

The article detailed some of the explanations given by survey respondents:

  • “Females are harder on their female assistants, more detail oriented, and they have to try harder to prove themselves, so they put that on you. And they are passive aggressive where a guy will just tell you the task and not get emotionally involved and make it personal.”
  • “I just feel that men are a little more flexible and less emotional than women. This could be because the female partners feel more pressure to perform.”
  • “Female attorneys have a tendency to downgrade a legal secretary.”
  • “I am a female legal secretary, but I avoid working for women because [they are] such a pain in the ass! They are too emotional and demeaning.”
  • “Female attorneys are either mean because they’re trying to be like their male counterparts or too nice/too emotional because they can’t handle the stress. Either way, their attitude/lack of maturity somehow involves you being a punching bag.”
  • Women lawyers have “an air about them.”

According to the article, Professor Batlan wrote that some legal secretaries indicated that they did not like working for women because women are too independent. One respondent in the survey wrote of her male boss: “My partner in particular tends to forget the little things. I often find myself tailing him as he’s walking out the door to a meeting going down a list of things he may need. Oddly, I don’t feel like my female attorneys need that kind of attention.”

Continue reading the rest of the post here–>

-Lolita Buckner Inniss

cross-post from Ain’t I a Feminist Legal Scholar, Too?

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CUNY Hiring Announcement

From colleagues at CUNY:

CUNY School of Law is currently conducting searches for several faculty positions. These include:

  • Two (2) tenure-track faculty positions;
  • Associate Dean for Clinical Programs (the faculty member who heads CUNY’s law clinic);
  • Instructor in the International Women’s Human Rights Clinic

Position descriptions and direct access to the City University of New York’s position application system are here.

This summer CUNY Law is relocating to a new building close to the heart of New York’s public interest legal community.  More on the location here.

-Bridget Crawford

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Cincinnati Seeks Director of Domestic Violence and Civil Protection Order Clinic

From a colleague at the University of Cincinnati:

The University of Cincinnati College of Law invites applications for the Director of its Domestic Violence and Civil Protection Order Clinic, part of our new Center for Race, Gender and Social Justice. The position is a twelve-month, long-term contract position, with renewals for additional terms available.

Since 2005, students in the Clinic have represented over 500 victims of domestic violence, stalking, sexual assault, and human trafficking in civil protection order hearings. The Clinic provides students training on practicing law and the art of trial advocacy in the context of domestic violence. Taken in the third year, the semester-long program includes extensive training and gives students hands-on experience counseling and representing clients from the community. Students practice in the Hamilton County Domestic Relations Court and the Court of Common Pleas.

Qualifications: Candidates must have a distinguished academic record, including a J.D. from an accredited law school, and must be licensed to practice law in Ohio (or have the ability to become promptly licensed). Experience in public interest representation, including significant litigation experience, experience involving domestic violence and family law, and/or clinical teaching or supervisory experience is preferred. A successful applicant should have excellent lawyering, communication (oral and written), and interpersonal skills.

Salary: Competitive and commensurate with experience.

Starting Date: August 1, 2012.

Apply at www.jobsatuc.com. for position #211UC1888. Attach a resume, cover letter, and contact information for three references.

For more information, contact: Professor Tim Armstrong, Chair, Non-tenure Track Faculty Committee, University of Cincinnati College of Law, PO Box 210040. Cincinnati, OH 45221-0040.

Application Deadline: Applications will be accepted until the position is filled. Review of applications will begin on November 1, 2011.

The University of Cincinnati is an Equal Opportunity Affirmative Action employer. Applications are especially encouraged from women, persons of color, and others whose background and experience would contribute to the diversity of our faculty.

-Bridget Crawford

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“Enviro-Toons” in Cultural and Historical Contexts: “That’s All Folks?” by Robin Murray and Joseph Heumann

From the FLP mailbox comes a notice of a new book by Robin L. Murray (English, Eastern Illinois University) and Joseph K. Heumann (Emeritus, Eastern Illinois University).  Here‘s the publisher’s description of That’s All Folks? (Univ. Nebraska Press 2011):

Although some credit the environmental movement of the 1970s, with its profound impact on children’s television programs and movies, for paving the way for later eco-films, the history of environmental expression in animated film reaches much further back in American history, as That’s All Folks? makes clear.

Countering the view that the contemporary environmental movement—and the cartoons it influenced—came to life in the 1960s, Robin L. Murray and Joseph K. Heumann reveal how environmentalism was already a growing concern in animated films of the 1930s, 1940s, and 1950s. From Felix the Cat cartoons to Disney’s beloved Bambi to Pixar’s Wall-E and James Cameron’s Avatar, this volume shows how animated features with environmental themes are moneymakers on multiple levels—particularly as broad-based family entertainment and conveyors of consumer products. Only Ralph Bakshi’s X-rated Fritz the Cat and R-rated Heavy Traffic and Coonskin, with their violent, dystopic representation of urban environments, avoid this total immersion in an anti-environmental consumer market.

Showing us enviro-toons in their cultural and historical contexts, this book offers fresh insights into the changing perceptions of the relationship between humans and the environment and a new understanding of environmental and animated cinema.

For someone interested in environmental law and culture, an add-on legal analysis would make an interesting law review article.

-Bridget Crawford

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New Feminist Blog of Interest: Occupy Patriarchy

Feminist Peace Work Director Lucinda Marshall and feminist scholar and activist Kathy Miriam have launched a new blog called Occupy Patriarchy.  Check out this excerpt from the inaugural post:

[I]nstitutions such as Wall Street are manifestations of the far deeper and greater problem of patriarchy which depends in large measure on the exploitation, disempowerment, and subjugation of women, yet (as is all too often the case in progressive movements) the analysis of issues presented so far has shown little effort in looking at the various issues discussed from a feminist vantage point, including but not limited to the following:

  • Women make up the overwhelming majority of people living in poverty and do the overwhelming majority of unpaid work on which everyone’s lives depend.
  • Our reproductive rights and agency are continually under siege.
  • The overwhelming number of victims of sexual exploitation and violence are women and this exploitation intensifies under conditions of economic devastation.
  • While these issues impact all women, women of color are far more likely to suffer the consequences of patriarchal domination.

Read the full post here.

-Bridget Crawford

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Call for Papers: Feminist Legal Theory at Law & Society (Honolulu, June 2012)

The Feminist Legal Theory Collaborative Research Network (CRN) is a newly-constituted  group that seeks to bring together scholars across a range of fields who are interested in feminist legal theory. At our inaugural get-together at the Law and Society Association (LSA) meeting this past June, we decided to organize two events for the coming year. The first will be in Washington, D.C., in conjunction with the AALS annual meeting in January 2012. The second, and the subject of this call for papers, will take place in Honolulu, Hawaii, in conjunction with the LSA annual meeting, June 5-8, 2012.

We hope to organize a number of panels for this year’s LSA meeting; we would like to invite you to submit paper proposals for these panels. There is no single topic or theme to which paper submissions must conform: they should simply relate to feminist legal theory in some shape or form. We particularly welcome proposals which would permit us to collaborate with other CRNs, which have organized around topics such as Critical Research on Race and the Law, or Gender, Sexuality and the Law. Also, because the LSA meeting attracts scholars from other disciplines, we welcome multidisciplinary proposals. Our goal in organizing these panels is to stimulate focused discussion on papers on which scholars are currently working. Thus, while proposals may reference work which is well on the way to publication, we are particularly eager to solicit proposals for works-in-progress which are at an earlier stage, and which will benefit from the discussion that the panels will provide.

Our panels will utilize the LSA format, which requires four papers; but we will continue the approach that worked so well last June, when each paper had an assigned commentator who had read the paper closely and began the discussion. A committee of the CRN will assign individual papers to panels based on subject and then will ask CRN members to volunteer to serve as chairs of each panel. The chair will develop a 100-250 word description for the session and submit the session proposal to LSA before the upcoming December 6 deadline, so that each panelist can submit his or her proposal, using the panel number assigned. Chairs will also be responsible for recruiting commentators but may wait to do so until panels have been scheduled later this winter, so as to minimize conflict with paper presentations that commentators themselves may be doing at the meeting.

If you would like to submit a paper for one of the CRN panels, please do so by using the Feminist Legal Theory CRN TWEN page. TWEN is an online resource administered by Westlaw. If you haven’t yet registered for the TWEN page, signing up is easy. Just sign onto Westlaw, hit the tab on the top for “TWEN,” then click “Add Course,” and choose the “Feminist Legal Theory” CRN from the drop-down list of National TWEN Courses. Or, if you have a Westlaw OnePass as a faculty member, you can enter the Easy Course Access link below:

Easy Course Access Link:
http://lawschool.westlaw.com/shared/courselink.asp?course=113601&lID=4%3D2

If you enter through the Easy Course Access Link above, you will immediately see a link to the Feminist Legal Theory CRN TWEN page, and you should click on it.

If you aren’t enrolled on the TWEN page and you don’t have a Westlaw password, please email Kathy Abrams (krabrams@law.berkeley.edu) or Susan Appleton (appleton@wulaw.wustl.edu) and we’ll enroll you directly.

Once you arrive at the Feminist Legal Theory CRN TWEN page, by either of the above routes, look to the left hand margin for a tab to “June 2012 Law and Society – Sign-Ups and Paper Proposals.” When you click on it, you will see two threads under “topics.” One thread will permit you to post a paper proposal; the other will permit you to sign up as a commentator or panel chair. Just click on the thread you want to post to; you will then get a new screen that locates you within that thread: hit “reply” to post a reply to it. If you post a paper proposal, you should include your name, a title, and an abstract of 400-500 words.

Please submit all proposals for paper presentations by November 14, 2011. This will permit us to organize panels and submit them prior to the LSA’s deadline of December 6, 2011. We are aiming roughly for 6 to 8 sessions. If we receive too many proposals and cannot accept all for the CRN, we will notify you by November 28, 2011, so that you can submit an independent proposal to LSA. In addition, if you would like to serve as a chair or a commentator for one of our panels, or if you are already planning a LSA session with four panelists (and papers) that you would like to see included in the Feminist Legal Theory CRN, please let Kathy or Susan know.

In addition to these panels, we may try to utilize a more flexible format that the LSA also provides: the roundtable discussion. Roundtables are discussions that are not organized around papers, but rather invite several speakers to have an exchange focused on a specific topic of interest to the group (in this case, of interest to the CRN). If you have an idea relating to feminist legal theory that you think would work well in this format, please let Kathy or Susan know, as well.

Those of us who were present at last year’s meeting were delighted by the papers presented and the opportunity to connect with others in doing work on feminism and gender. We look forward to another terrific meeting in Hawaii.

Kathy Abrams
Susan Appleton
Beth Burkstrand-Reid
Donna Coker
Leigh Goodmark
Jennifer Koshan
Nancy Polikoff

–Jennifer Hendricks

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Calling all Speed Mentors and Speed Mentees, AALS Annual Meeting, January 5, 2012

The AALS Section on Women in Legal Education has planned an exciting program for Thursday, January 5, 2012.  From 9:00 – 10:15 AM, the Section will host a “speed mentoring” program.  The Section’s Executive Committee is looking for faculty members who are willing to commit to attend the program as “speed mentors.”  (You will have to be registered for the conference at some point in order to attend in January.)

The responsibilities of a speed mentor are limited: attend the program and chat with newer faculty members (in an organized fashion).  A full description of the program is at the AALS website.  To be a “speed mentor,” you don’t need any special expertise or interest – just have 7 or more years of teaching experience.  “Speed mentees” will be those with less than 7 years of teaching experience.  Neither mentors nor mentees are required to sign up in advance, but we hope that they will.

If you are a faculty member who is willing to attend the program as a speed mentor, please send an email to me at bcrawford@law.pace.edu.  Alternately, all potential speed mentors and speed mentees can go to TWEN and add “Speed Mentoring AALS Section on Women in Legal Education” to your courses.  Once you have added the course, click the “Sign-Up Sheets” link to go to “Section Members Planning to Attend as ‘Speed Mentors’ or ‘Speed Mentees’”  When the sheet opens, click “Sign-Up” under “Speed Mentor” or “Speed Mentee” and your name will be added.

By publicizing the names of those who agree to attend, we hope to attract a large number of participants.  The Section on Women in Legal Education is the largest of all AALS sections, and we hope to encourage connections and conversations among professors across subject matters and viewpoints.

-Bridget Crawford

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Ms. JD Call for Writers in Residence

From the FLP mailbox, this message from Amanda Gonzalez, Ms. JD Executive Director and guest blogger here at Feminist Law Profs:

Do you feel your creative spirit fading as you work tirelessly to perfect your legal writing skills?  Do you miss composing prose that is not in the passive voice or that does not require bluebooking?  Would you like to  share your experiences as a woman entering the legal profession?

Ms. JD is a non-profit organization that seeks to increase the success of women in the legal profession. They offer programming for women law students and lawyers and also publish an award winning blog. Ms. JD is currently seeking law students and professionals to serve as 2012 Ms. JD Writers in Residence.

The Writers in Residence program consists of a small group of columnists who provide monthly articles on a selected topic. The program launched in 2010 and gave rise to some of Ms. JD’s most inspiring, hilarious, and provocative content to date.

Perhaps you can give monthly advice on applying for clerkships, balancing law school and motherhood, or on the joys (and frustrations) of studying for the bar. Maybe you would like to share your experiences as a law student, recent graduate seeking employment, or attorney practicing in a unique field. Or, maybe you would like to interview a successful women lawyer each month, seeking advice for young women lawyers and law students (what a fantastic way to network with women attorneys in your area!).

Great reasons to be 2012 Ms. JD Writer in Residence:

  • To share your knowledge with women across the country
  • To be part of an amazing network of women law students and lawyers
  • To unleash your inner Ann Landers, Carrie Bradshaw, or Emily Post
  • It would look great on a resume!

To view the 2011 Writers in Residence, click here. If you are interested in being a 2012 Ms. JD Writer in Residence, please send an email to wir@ms-jd.org, including your

  • Name
  • Email address
  • Telephone number
  • Law School
  • A brief description of your column idea, including a proposed title
  • A list of any relevant writing experience
  • A short writing sample (it need not be legal!)

Applications must be received by November 15, 2011. Applicants will be notified by December 1, 2011.

-Bridget Crawford

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Where are the Women? University of Toronto L.J. Edition

From the TOC to Volume 61:3 (2011) (posted here):

A Contextual Approach To The Admissibility Of The State’s Forensic Science And Medical Evidence
Gary Edmond, Kent Roach

Equality Under And Before The Law
William Lucy

Property And Collective Undertaking: The Principle Of Numerus Clausus
Avihay Dorfman

Book Reviews
William Kaplan: Canadian maverick: The life and times of Ivan C Rand
David Dyzenhaus

Michael Grossberg & Christopher Tomlins, Eds: The Cambridge history of law in America; vol 1, Early America (1580–1815); vol 2, The long nineteenth century (1789–1920)
Philip Girard

William E Conklin: Hegel’s laws: The legitimacy of a modern legal order
Whitten Sullivan Watson

Mary Sarah Bilder, Maeva Marcus, & R Kent Newmyer, Eds:Blackstone in America: Selected essays of Kathryn Preyer
Angela Fernandez

Andrew Petter: The politics of the Charter: The illusive promise of constitutional rights
Hamish Stewart

Three articles; no female authors.  Five book reviews; one female author.  And I thought Canada was supposed to be more progressive than the U.S. on gender issues….

-Bridget Crawford

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Be “A Lady in the Living Room and a Whore in the Bedroom,” Advises NJ Politician

Phil Mitsch, a Republican candidate for the NJ State Senate, tweets “motivational tips” and “realtionship tips,” among others.  From his Twitter account came this message:

“Women, you increase your odds of keeping your men by being faithful, a lady in the living room and a whore in the bedroom.”

His campaign initially denied that Mr. Mitsch had tweeted that message, then admitted that the tweets did belong to Mr. Mitsch, but that Mr. Mitsch would not apologize for making them.  The Philadelphia Inquirer reports (here) today that Mr. Mitsch has now issued this statement:

“I tweeted my version as a useful piece of advice to both men and women in order to increase their odds for having healthy, successful and long-term relationships,” he said. “I never meant this tip to offend anyone. I have the utmost respect for all women, and, win or lose, this quote won’t be used again by me in any form.”

-Bridget Crawford

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Posted in Feminism and Politics | 1 Comment

Literary and Culinary Pumpkins

Harry Potter here.  A whole multi-genre slide show here.

And there’s always this:

From here.

-Bridget Crawford

 

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Goodmark on “Legal System Fails Abused Women”

An op-ed by Leigh Goodmark (Baltimore) appears in today’s Baltimore Sun.  Here is an excerpt:

After learning that Topeka, Kan., District Attorney Chad Taylor planned to stop prosecuting misdemeanor domestic violence cases in response to county budget cuts, the Topeka City Council this month repealed its misdemeanor domestic violence statute — effectively decriminalizing some domestic violence offenses in Topeka. Abuse survivor Claudine Dombrowski responded to the city’s action by hurling a pair of dice at the City Council, arguing that they were rolling the dice with women’s lives.

Relying on the criminal justice system to keep women safe from domestic violence may, however, be an even bigger gamble. * * *

Despite the dedication of millions of federal dollars to police, prosecutors and judges since the passage of the Violence Against Women Act in 1994, rates of domestic violence in the United States have not appreciably declined, instead keeping pace with decreases in the crime rate generally. Studies suggest that relatively few women report domestic violence to police; that most of those arrested for domestic violence are not convicted; and that when abusers are convicted, jail time is rare and minimal. Sociologist Evan Stark has argued that the odds of serving jail time for domestic violence are only slightly better than the odds of winning the lottery. * * *

Criminal justice system reform could solve some of these problems. But the time has come to broaden our thinking about how best to address domestic violence. For too long, the legal system has been the default response to domestic violence in the United States. Such a narrowly crafted response denies justice to women who are unable or unwilling to engage that system. Criminal prosecution cannot heal the injuries that some women experience. A small but growing voice is coalescing around the idea that criminal justice intervention is not the best way to prevent and respond to domestic violence.

Abused women and their advocates are searching for ways to achieve justice without invoking the criminal justice system. Community accountability projects enable women to craft their own responses to domestic violence — responses that give them the validation and vindication they seek. Asian and Pacific Islander groups in the United States have used public shaming to expose men’s abuse of their partners, picketing the homes of abusive men in the hope of developing community support for women subjected to abuse. Other programs focus on changing men’s behavior, using male peer facilitators to help men develop empathy for their partners and confront others engaging in abusive behavior. These efforts have the potential to create real change in men who abuse — change that the criminal justice system has yet to deliver. * * *

The full piece is available here.  Professor Goodmark and other folks at Baltimore are doing lots of good work in leading conversations that encourage serious thinking about the role of law in improving women’s lives.  See, e.g., here.

As I read Professor Goodmark’s op-ed, she raises an important question about the law’s failure to ameliorate both specific incidences of violence against women, as well as widespread discrimination and violence against them.  In that sense, I read Leigh Goodmark’s piece to highlight aspects of what I have called (here) “third-wave feminist legal theory” which includes an emphasis on culture as a means of achieving gender equality.

-Bridget Crawford

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CFP – “Sex::Tech 2012,” San Francisco, April 1-3, 2012

From the FLP mailbox, this CFP:

Sex::Tech is the premier event for health professionals; technology experts; researchers and educators; community leaders and advocates; parents and young people to advance sexual health awareness, knowledge, and strategies. This annual gathering is hosted by ISIS Inc. [Internet Sexuality Information Services], a California-based nonprofit providing leadership, innovation, education, and research for technology to promote sexual health, healthy relationships, and disease prevention.

KEY DATES

Proposal Abstracts Due: 18 Nov 2011

Selection Notification: 16 Dec 2011

Conference: 1-3 Apr 2012

Sex::Tech is organized along four main conference tracks. We invite abstracts of 250 words or less, related to the overall goal of the conference, that fit within one of these tracks.

(1) Healthy Sexuality among youth and young adults, programs or research pertaining to LGBTQ youth, young MSM, or youth of color.

(2) Field Insights that provide data for evidence-based program design, focused on teen pregnancy reduction, STI/STDs, or intimate partner violence prevention.

(3) Grassroots Advocacy for sexual health and reproductive rights leveraging use of technology at the community level.

(4) “I’m A… XYZ” professional education sessions that describe work experience on behalf of youth-focused public health and/or technology.

Particular emphasis in session ideas addressing one or more of the following areas/audiences:

— Youth-led innovations and campaigns

— Technology innovation for public health

— HIV/AIDS strategy and prevention

— Teen pregnancy prevention

— Intimate partner violence prevention

— STDs/STIs and young MSM

— Sexual health policy/advocacy (including youth LGBTQ)

— Sex education in learning environments

— Effective partnerships & collaboration (inter-agency, cross-sector, public-private-public interest, etc.)

Across all tracks we look for potential sessions that involve significant public health information or use of new media/online/mobile technology tools and resources.  We fully encourage interactive, creative, non-traditional presentation formats.

More info available here.

-Bridget Crawford

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Documentary “Miss Representation” Tonight on OWN

One of the hits of the 2011 Sundance Film Festival takes to the small screen tonight.  The Oprah Winfrey Network will show the documentary film Miss Representation at 9:00 p.m. (eastern).  Here is a description of the film:

Like drawing back a curtain to let bright light stream in, Miss Representation (TV-14 DL) uncovers a glaring reality we live with every day but fail to see. Written and directed by Jennifer Siebel Newsom, the film exposes how mainstream media contribute to the under-representation of women in positions of power and influence in America. The film challenges the media’s limited and often disparaging portrayals of women and girls, which make it difficult for women to achieve leadership positions and for the average woman to feel powerful herself.

In a society where media is the most persuasive force shaping cultural norms, the collective message that our young women and men overwhelmingly receive is that a woman’s value and power lie in her youth, beauty, and sexuality, and not in her capacity as a leader. While women have made great strides in leadership over the past few decades, the United States is still 90th in the world for women in national legislatures, women hold only 3% of clout positions in mainstream media, and 65% of women and girls have disordered eating behaviors.

Stories from teenage girls and provocative interviews with politicians, journalists, entertainers, activists and academics, like Condoleezza Rice, Nancy Pelosi, Katie Couric, Rachel Maddow, Margaret Cho, Rosario Dawson and Gloria Steinem build momentum as Miss Representation accumulates startling facts and statistics that will leave the audience shaken and armed with a new perspective.

Here’s the trailer:


There is a curriculum to accompany the film here.  Has anyone seen the film and considered its uses in law schools?

-Bridget Crawford

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Where are the Women? Not at Duquesne Talking About the Establishment Clause

Looks like Duquesne University School of Law will be hosting an  all-male symposium next month.  Professor Bruce Ledewitz is the symposium chair, according to the school’s publicity.  Check out the line-up for the planned program on “The Future of the Establishment Clause in Context: Neutrality, Religion, or Avoidance?”  Here are the speakers:

  • Bruce Ledewitz, Professor of Law, Duquesne University School of Law
  • Christopher Lund, Assistant Professor of Law, Wayne State University Law School
  • Samuel J. Levine, Professor of Law, and Director of the Jewish Law Institute, Touro College Jacob D. Fuchsberg Law Center
  • Zachary R. Calo, Associate Professor of Law, Valparaiso University School of Law
  • Mark C. Rahdert, Charles Klein Professor of Law & Government, Temple University Beasley School of Law
  • Richard Albert, Assistant Professor of Law, Boston College Law School

This isn’t my area of scholarship, but I know and like the work of Chris Lund. 

Gender equity — let alone equality — won’t be achieved unless each one of us actively pursues it.  Looks like diversity was not a priority for the person or people who organized this Duquesne program.

If women were invited to speak, and couldn’t attend, what efforts were made to reach out to other women?  How many women were invited to speak?  How many men?  Oh, well, I suppose it doesn’t matter as long as there was no overt anti-female animus, right? We shouldn’t be doing old-fashioned nose-counting, as long as the “best” scholars were chosen, without regard to gender, right?  And after all, the ladies can still attend the symposium.

-Bridget Crawford

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Reid on “Sex, Drugs, and American Jurisprudence”

Susan Reid (J.D. Columbia, 2011) has posted to SSRN her working paper “Sex, Drugs, and American Jurisprudence: The Medicalization of Pleasure.”  Here is the abstract:

This paper explores the role of medical arguments in cases where courts have overturned statutes that burden pleasure-seeking behavior, such as non-procreative sexual intimacy or the use of endorphin-inducing substances.  It speculates that the characterization of the individual interests at stake as medical rather than pleasure-related, and the framing of state interests as moral rather than medical, facilitates the judicial decriminalization of pleasure-seeking behavior.  This approach to framing individual and state interests is explored and developed in the context of statutes that burden non-procreative sexual intimacy, including key cases on contraception, abortion, and “obscene devices.”  After developing the paradigm of medicalization through the lens of the sexual intimacy cases, the paper investigates the conspicuous absence of any discussion of pleasure in these cases and in legal discourse more generally.  Finally, the paper explores the continuing criminalization of many pleasurable substances and argues that the sexual intimacy cases may provide an effective model for using medicalization to challenge statutes that burden substance use.

The full paper is available here.

-Bridget Crawford

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The Feminist “Generation Wars” Continue

First we had the “wave” wars.  Now it’s feminists who were there (read: politically aware) at the time of the Clarence Thomas hearings versus everyone else.  That’s how I read Vivia Chen’s reflections over at the Careerist (here) about last weekend’s “Sex, Power and Speaking Truth: Anita Hill 20 Years Later” conference at Hunter College.  Here’s Chen’s take on younger women at the conference:

Which brings us back to the Generation Ys and Zs at the conference. I don’t mean to sound so down on them, but I had a hard time identifying with aspects of their fight. Some were quite good speakers (but what’s with that “up,” Valley-girl intonation?), but they lost me from time to time. One spoke about defeating racism, sexism, and heterosexualism–and I had to stop and ask, “Heterosexualism?”

Another young woman was lauded for starting the group Hollaback!–an organization whose goal is to stop street harassment, such as those annoying catcalls some men make at women.

All worthy goals, I’m sure. But somehow after the high drama and high stakes of the Clarence Thomas hearings, I found myself asking, is this where women’s rights are now?

Were the Thomas hearings “more important” because they involved allegations of workplace sexual harassment, not street harassment?  Harassment by a prominent man, instead of the man on the street?  Harassment by a man about to be appointed to the Supreme Court?  Does Chen really believe that street harassment is merely “annoying catcalls”?

Feminism is strengthened through critique from within and without.  But is the best Chen has a comment about young women’s “up-speak”?  Is that where feminism’s at right now?  I hope not.

H/T Marie Newman

-Bridget Crawford

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Where are the Women? Not in the Wm Mitchell Law Rev. on Restatement (3rd) of Torts

Who is talking and writing about the Restatement (Third) of Torts in the “Liability for Physical and Emotional Harms” symposium edition of the William Mitchell Law Review?  One — yes, just one — contributor out of 14 is female.  Here’s the edition’s table of contents, courtesy of SCLIP:

Green, Michael D. Introduction: The Third Restatement of Torts in a crystal ball. 37 Wm. Mitchell L. Rev. 993-1010 (2011). [H][L][W]

Symposium, Flying Trampolines and Falling Bookcases: Understanding the Third Restatement of Torts (Spring 2010). Speeches by Michael D. Green, Justice Daryl Hecht, Hildy Bowbeer and Justice Paul H. Anderson. 37 Wm. Mitchell L. Rev. 1011-1052 (2011). [H][L][W]

Steenson, Mike. Minnesota negligence law and the Restatement (Third) of Torts: Liability for Physical and Emotional Harms. 37 Wm. Mitchell L. Rev. 1055-1401 (2011). [H][L][W]

Ehrich, Jeffrey A. Negligent infliction of emotional distress: a case for an independent duty rule in Minnesota. 37 Wm. Mitchell L. Rev. 1402-1447 (2011). [H][L][W]

Logan, David A. When the Restatement is not a restatement: the curious case of the “flagrant trespasser.” 37 Wm. Mitchell L. Rev. 1448-1484 (2011). [H][L][W]

Christie, George C. A comment on Restatement Third of Torts’ proposed treatment of the liability of possessors of land. 37 Wm. Mitchell L. Rev. 1485-1491 (2011). [H][L][W]

Stewart, Larry S. Clarifications on the duty to exercise care. 37 Wm. Mitchell L. Rev. 1492-1506 (2011). [H][L][W]

Gold, Steve C. The “reshapement” of the false negative asymmetry in toxic tort causation. 37 Wm. Mitchell L. Rev. 1507-1581 (2011). [H][L][W]

Rapp, Geoffrey Christopher. Torts 2.0: the Restatement 3rd and the architecture of participation in American tort law. 37 Wm. Mitchell L. Rev. 1582-1598 (2011). [H][L][W]

Oliphant, Ken. Uncertain factual causation in the Third Restatement: some comparative notes. 37 Wm. Mitchell L. Rev. 1599-1632 (2011). [H][L][W]

Tinkham, Thomas. Applying a rational approach to judicial independence and accountability on contemporary issues. 37 Wm. Mitchell L. Rev. 1633-1665 (2011). [H][L][W]

The student editors of a symposium edition may or may not be responsible for selection of speakers.  Depending on the school and the symposium, students may work with a faculty member to identify potential contributors, or a faculty member may choose the contributors.  In either case, if the faculty member values gender and racial diversity, one would hope that he or she would recommend a broad range of participants.  If the symposium is about a Restatement, presumably the students or faculty organizer would consult the ALI Reporters, and if the Reporters value gender and racial diversity, they would make efforts to have a gender and racial balance among symposium participants.

So what happened at the William Mitchell symposium on the Restatement (Third) of Torts?  It can’t be that there aren’t any women writing or thinking about Torts.  There are substantially more than 25 women who are part of the Members Consultative Group for this project (see here).  Just sayin.’

Update:  This isn’t the first time that there’s been a Torts symposium without many (um, or any) female contributors.  Ann previously blogged about the female-free symposium at Wake Forest Law Review in 2009.  See here.

-Bridget Crawford

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CFP: “Transecting Society: Critical Dialogues on Transsexual/Transgender Identities”

From the FLP mailbox, this CFP:

TRANSECTING SOCIETY:Critical Dialogues on Transsexual/Transgender Identities in Politics, Media, Activism and Culture

 Date: April 12 & 13, 2012

Location: University of New Hampshire, Durham, NH

Memorial Union Building (MUB)

Transecting Society is a two-day symposium dedicated to exploring controversial political topics related to transsexual/transgender identities in contemporary U.S. culture.  We welcome scholars, activists, artists, lawyers, performers, writers, non-profit workers and others who are interested in exploring the oppression of trans people in our society, and strategies for promoting our collective liberation and civil rights.

Conference organizers are currently seeking abstracts on any of the following topics:

  • Trans Identities and Feminism: histories of inclusion/exclusion, trans feminist theory and activism, trans feminist controversies, transphobia in radical feminism and anti-pornography movement, coalition-building in trans and feminist communities
  • Trans Identities in Lesbian/Gay/Queer Communities: Gay, Inc., LGBT as coalition, LGBT non-profits and political organizations, gay transphobia, trans-exclusive legislation, ENDA, “coming out” as heterosexual after transition
  • Trans Identities and [Pseudo]Science: GID reform, transvestic disorder, DSD, autogynephilia/homosexual transsexualism, the sexualization of trans women In pseudo-scientific literature, The Bailey-Dreger controversy, psychological/psychiatric gate-keeping, trans-“reparative” therapies for youth and adults.
  • Trans Terminologies: Debates on terms, labels, identities, language, e.g. transgender as an umbrella term, transsexualism as a medical condition, reclaiming the term “tranny”, usefulness of “cisgender” etc.
  • Trans Media and Media Defamation : The Jerry Springer Show, “she-male” pornography, comedy skits, Ticked Off Trannies with Kinives criticism and activism, journalistic accounts of anti-trans hate crimes, misgendering in the press, trans-produced film, photography and media with a radical agenda, trans in high fashion as the latest “trend” in capitalist entertainment.
  • Trans Blogosphere and New Media: Blogs, Blogging and Blog wars, Vlogs, internet radio, digital video, Youtube channels, digital activism, social networking, web sites, Second Life etc.
  • Trans Identities and Race: Race, ethnicity, trans people of color, racism, white privilege, whiteness, racial conflict and division in trans communities
  • Trans Activism in the Past, Present and Future: Stonewall, Compton’s Riots, Dewey’s Riots, Trans Pioneers, Sylvia Rivera, Marsha Johnson, Christine Jorgensen, gay historical imperialism, trans militancy, etc.
  • Trans People in/and Electoral Politics: Trans folks and voting, trans people running for office, trans delegates, trans people in state politics, anti-trans campaigns at the state and national level, the so-called “bathroom bill” and political fear-mongering, etc
  • Critical Trans Politics and Social Movement Coalitions: racial and economic justice, disability rights, global and transnational issues, sex worker rights, elders, youth movements, adultism and ageism, fat liberation, prisoner rights.

Please submit a 300-word abstract in which you clearly describe your research paper and how it relates to the themes of the conference.  Up to two submissions per person are allowed. Please send as a MS Word Attachment by February 1, 2012 to transecting.society@gmail.com and include the following info as well: paper/presentation title, name, address, phone, email, institutional affiliation, and a brief bio.  Feel free to send queries to the above email as well.  Sponsored by TransGender-UNH and the UNH Women’s Studies and Queer Studies Programs.

Additional information about the conference will soon appear here.

-Bridget Crawford

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Topeka Misdemeanor Domestic Battery Cases to be Prosecuted by Law Student Interns

In my last post about the Topeka imbroglio, I wondered how vigorously the County DA would prosecute misdemeanor domestic battery cases after the city of Topeka dicriminalized misdemeanor domestic battery and forced the County DA’s hand (by his own admission). My conclusion: Not very. My assumption was that in cases in which charges are actually brought, defendants were likely to be offered fairly favorable plea bargains.

If they are, it won’t be by lawyers. Instead, according to the Topeka Capital-Journal, County DA Chad Taylor said that misdemeanor domestic battery cases will be

prosecuted by interns who are law school students.

They have completed their second year of law and completed 58 hours of classes, allowing them to receive temporary licenses to practice law.

The chief deputy district attorney is in charge of interns prosecuting domestic battery cases, and there is “substantial” time spent with the interns reviewing their legal pleadings and the disposition of cases, Taylor said.

Domestic battery cases are handled by four or five interns and two assistant district attorneys supervising them, he said. When a domestic battery case goes to trial, an assistant district attorney sits at the prosecution table to aid the intern by acting as a “second chair,” he said.

-Colin Miller

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Is it Feminism “Fault” that Women are Single?

The November, 2011 edition of The Atlantic features a young, single writer and the headline “What Me, Marry?” with the subtitle, “In today’s economy, men are falling apart.  What that means for sex and marriage.”  That sounds like an interesting article.  But click through to the article (here) and the reader finds the article title is “All the Single Ladies.” Reading generously, the article is ambivalent about feminism.   Here’s an excerpt from the story by Kate Bolick:

In 2001, WHEN I was 28, I broke up with my boyfriend. Allan and I had been together for three years, and there was no good reason to end things. He was (and remains) an exceptional person, intelligent, good-looking, loyal, kind. My friends, many of whom were married or in marriage-track relationships, were bewildered. I was bewildered. To account for my behavior, all I had were two intangible yet undeniable convictions: something was missing; I wasn’t ready to settle down. * * *

The decision to end a stable relationship for abstract rather than concrete reasons (“something was missing”), I see now, is in keeping with a post-Boomer ideology that values emotional fulfillment above all else. And the elevation of independence over coupling (“I wasn’t ready to settle down”) is a second-wave feminist idea I’d acquired from my mother, who had embraced it, in part, I suspect, to correct for her own choices. * * *

In 1969, when my 25-year-old mother, a college-educated high-school teacher, married a handsome lawyer-to-be, most women her age were doing more or less the same thing. By the time she was in her mid-30s, she was raising two small children and struggling to find a satisfying career. She’d never had sex with anyone but my father. * * * What my mother could envision was a future in which I made my own choices. I don’t think either of us could have predicted what happens when you multiply that sense of agency by an entire generation.

But what transpired next lay well beyond the powers of everybody’s imagination: as women have climbed ever higher, men have been falling behind. We’ve arrived at the top of the staircase, finally ready to start our lives, only to discover a cavernous room at the tail end of a party, most of the men gone already, some having never shown up—and those who remain are leering by the cheese table, or are, you know, the ones you don’t want to go out with.

In other parts of the story, she praises women’s independence, reproductive technology and all-female support networks.  It’s hard to know what to make of Bolick’s article. In an interview at The Hairpin (here), Bolick asks, “Should I talk way up at the start about how mine is NOT a story saying there are no good men left? I’m terrified of people reading it that way — when in fact the reality, as I see it, is much more subtle and complex. Statistics are indeed showing that more men are struggling now than in the past, which is a result of vast economic forces, as well as social ones…,” with a nod to the work of Christina Hoff Sommers (see here).

Any thoughts?  What is the point of Bolick’s article?

H/T EM.

-Bridget Crawford

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Posted in Feminism and Culture, Feminism and Families, Sex and Sexuality, Socioeconomic Class | 2 Comments

Topeka Officially Decriminalizes Misdemeanor Domestic Battery

Earlier today, the Topeka City Council, by a vote of 7-3, repealed the local law that makes misdemeanor domestic battery a crime.

The move, the councilors were told, would force District Attorney Chad Taylor to prosecute the cases because they would remain a crime under state law, a conclusion with which he grudgingly agreed.

But will these cases indeed be prosecuted?  And even if they are, how vigorously? It’s not hard to imagine the county DA offering very favorable plea bargains to those charged with misdemeanor domestic battery after being forced to prosecute them by a city who wanted nothing to do with them. Will those charged even spend a day behind bars?

One bystander commented that what had just happened was a “game of chicken between the city and the county.” In a game of chicken, though, you bet your own life on your opponent blinking first. Here, it’s not the necks of the city and county being put on the line. It’s the lives of the victims of domestic battery who have seen their assailants go unpunished.

Sure, on one level, this is politics as usual. But below this cool surface is something more pernicious. What is Topeka really telling domestic battery victims? We don’t care about you. We don’t have the time to bring you justice. We don’t have the resources. What happened to you wasn’t really a crime.

This last line is the bottom line. Topeka officials can try to explain their actions until their mouth get dry. But the bottom line is that they told victims who were punched, kicked, and slapped that they are not victims. That their assailants are not criminals. That if they want recourse, they have to look elsewhere.

-Colin Miller

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Research Resource: Gender Jurisprudence Collections at American University

Earlier this semester, the War Crimes Research Office and the Women and International Law Program at American University Washington College of Law announced the launch of the Gender Jurisprudence Collections (GJC).  Here is an excerpt from the school’s press release:

The GJC is an online research tool that allows judges, lawyers, and researchers to search the jurisprudence of eleven international/ized criminal courts and tribunals for documents containing information regarding the prosecution of crimes involving sexual and gender-based violence.

Reviewers have analyzed and catalogued more than 17,000 documents from the War Crimes Research Office’s Jurisprudence Collections, noting, for example, when evidence of sexual or gender-based violence appears in the record, when sexual or gender-based violence charges are brought, dropped, or dismissed, or when a defendant is tried for a crime of sexual or gender-based violence. The GJC features keyword and targeted search fields, which eliminate the need to sift through irrelevant documents when conducting research on the rapidly developing jurisprudence in these bodies.

Read the full press release here.

The database and more info are available here.

-Bridget Crawford

 

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SCOTUS Declines to Hear Same-Sex Adoption Case

Reuters reports on the United States Supreme Court’s denial of cert today in Oren Adar v. Darlene Smith, No. 11-46:

In a case closely watched by gay rights advocates, the high court rejected without comment an appeal by Oren Adar and Mickey Ray Smith, who sued to be listed as parents on a Louisiana birth certificate of the infant they adopted.

The justices let stand a ruling by a U.S. appeals court that a Louisiana registrar’s decision not to list both men does not violate the child’s right to equal protection under the law and does not deny legal recognition of the New York adoption.

In Louisiana, adopted children can get new birth certificates with their new parents’ names on them. In the state, only married couples may adopt a child.

Because the gay couple was not married, the registrar refused to list both names on the birth certificate but offered to put one name on because Louisiana also allows a single-parent adoption.

The full story is here.

Amici in the case included UC Irvine Dean Erwin Chemerinsky (amicus brief here) and the Support Center for Child Advocates and multiple other child advocacy groups (amicus brief here).

-Bridget Crawford

image source: birth-certificates.org, here
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Is a Book Like Sex?

In an interview with the UK Guardian (here), author Maurice Sendak says of e-books:

“I hate them. It’s like making believe there’s another kind of sex. There isn’t another kind of sex. There isn’t another kind of book! A book is a book is a book.”

All puns about “Wild Things” deliberately withheld.

-Bridget Crawford

image source: sfgate.com, here
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A Feminist on Yom Kippur

Writing for Sh’ma (here) in 2005, Martha Ackelsberg (Political Science, Smith College) asked, “How Can a Feminist Like Me Enjoy a Liturgy Like This?”

My secret is now out: I actually enjoy the Yom Kippur Avodah Service. How can this be?

How can a committed feminist and havurah Jew — one who does not feel especially comfortable in most synagogues and who has long been unwilling to pray for the rebuilding of the Temple or the restoration of sacrifices —find herself, often, deeply moved by the words of a liturgy that evokes not only the sacrifice of animals, but the spraying of their blood around the Holy of Holies in a ritual from which women were totally excluded? ***

As a small child, visiting an Orthodox shul with my father and grandmother, I was fascinated by these descriptions and by the prostrations of the rabbi and cantor on the bimah. * * *

So, despite my modernist and feminist sensibilities, I often read the Avodah service with a sense of longing for a time when communal ritual made a fresh start possible, when teshuvah had not only personal but also collective possibilities. Sometimes I am comforted by a friend’s comment that Yom Kippur may never have been about being totally cleansed, but more about “turning a page.”  To turn to a new page, he pointed out, does not mean erasing or throwing out the pages that came before; it simply means accepting that it’s possible to start again. I can let go of the past (even if my sins are not physically sent off into the wilderness); I can choose to begin again.

The short column is worth a read.

-Bridget Crawford

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Placing Topeka’s Possible Decriminalization of Misdemeanor Domestic Battery in Historical Context

After my previous post on the possibility of Topeka decriminalizing misdemeanor domestic battery, I decided to do some research to see if there is any historical precedent for such an action. It turns out that there is (sort of). In 1962, New York passed the Family Court Act. According to Judith A. Smith, Battered Non-Wives and Unequal Protection Order Coverage: A Call for Reform, 23 Yale L. & Pol’y  Rev. 93, 128-29 (2005).

The original version of the statute gave exclusive original jurisdiction to the family court “over any proceeding concerning acts which would constitute disorderly conduct or assault between spouses or between parent and child or between members of the same family or household.”In 1969, in addition to disorderly conduct and assault, the legislature added harassment, menacing, reckless endangerment, and attempted assault to the crimes over which the family court had exclusive jurisdiction.

The Family Court Act changed the crimes it covered into “family offenses” when committed against family or household members, and the criminal court could hear “family offenses” only if the family court transferred the case. This procedure basically decriminalized family offenses. The family court’s discretionary transfer power was used in just two percent of the 18,511 petitions that were filed in 1971-72, and the 17,277 petitions filed in 1972-73. But this act also created the only civil means short divorce for victims of domestic violence to obtain civil protection orders.

Now, obviously, these two situations are different in a number of regards, not the least of which is that New York’s decriminalization was constructive while Topeka’s decriminalization would be an literal decriminalization. But even a constructive decriminalization can be difficult to overturn. You can check out Judith Smith’s article (linked above) to see how long and difficult it was to extricate “family offenses” from the family court ghetto. One can only imagine how difficult it would be to overturn an actual decriminalization of misdemeanor domestic battery.

-Colin Miller

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Where are the Women? Campbell Law Review Edition

How difficult would it have been to find women to include in the symposium?  

33 CAMPBELL LAW REVIEW, NO. 3, PP. 501-740, 2011.

Symposium. Liberalism, Constitutionalism, and Christianity: Perspectives on the Influence of Christianity on Classical Liberal Legal Thought. 33 Campbell L. Rev. 501-694 (2011). [H][L][W]

Lee, Kevin. Introductory remarks. 33 Campbell L. Rev. 501-504 (2011). [H][L][W]

Breen, John M. Religion and the purification of reason: why the liberal state requires more than simple tolerance. 33 Campbell L. Rev. 505-528 (2011). [H][L][W]

Frohnen, Bruce P. Is constitutionalism liberal? 33 Campbell L. Rev. 529-558 (2011). [H][L][W]

Shain, Barry Alan. Liberalism: a religious-dependent faith. 33 Campbell L. Rev. 559-567 (2011). [H][L][W]

Scaperlanda, Michael. Secular not secularist America. 33 Campbell L. Rev. 569-589 (2011). [H][L][W]

Inazu, John D. Between liberalism and theocracy. 33 Campbell L. Rev. 591-607 (2011). [H][L][W]

Pryor, C. Scott. Looking for bedrock: accounting for human rights in classical liberalism, modern secularism, and the Christian tradition. 33 Campbell L. Rev. 609-640 (2011). [H][L][W]

McConnell, Donald R. Is modern liberalism still compatible with free exercise of religion? 33 Campbell L. Rev. 641-660 (2011). [H][L][W]

Baker, Anthony V. “causing the blood to flow where I touched him” liberalism, constitutionalism, Christianity, and the “war” at Covey farm. 33 Campbell L. Rev. 661-683 (2011). [H][L][W]

Cochran, Robert F., Jr. Enlightenment liberalism, lawyers, and the future of lawyer-client relations. 33 Campbell L. Rev. 685-694 (2011). [H][L][W]

Source: SCILP (here).

-Bridget Crawford

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Nobel Prize Committee Recognizes 3 Women’s Efforts for Peace

From the National Council for Research on Women, this short description of the three women who are sharing this year’s Nobel Peace Prize.

Leymah Gbowee was featured in the film Pray the Devil Back to Hell and shared her story at our annual conference in 2009. This powerful documentary will be broadcast as part of the upcoming Women, War, and Peace series on PBS.  * * *

Ellen Johnson Sirleaf is a giant in world history — the first woman elected President of an African country, she has made transparency and human rights a hallmark of her tenure. Many attribute her election to the mobilization of women’s groups and leaders like Leymah Gbowee who spearheaded change. Despite some recent controversy, Johnson Sirleaf continues to stand out as an innovator and trailblazer.

Yemeni opposition leader Tawakkul Karman received news of her Nobel award from inside a tent in Change Square — the center of the resistance in Sanaa, the capital of Yemen. An outspoken critic of the government, she pushed for greater freedom of expression in her country many years before the Arab Spring.

To read the Laureates’ bios, click here.

-Bridget Crawford

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Topeka City Council to Vote on Measure to Decriminalize Misdemeanor Domestic Battery

Here are some excerpts from the article, Suspected domestic abusers go free as Topeka city, council officials bicker over funds:

A bitter argument over money in Topeka, Kan., means that city and county authorities have neglected to prosecute or charge people suspected of domestic battery since Sept. 8.

In other words, the local justice system has spent a month effectively sending the message that misdemeanor domestic assault will go unpunished–at least for now….

Next week, the council will vote on a measure that will strip domestic battery from a list of crimes that are illegal in the city. The vote is a tactical bid to force the county to take those cases on again….

A domestic abuse survivor and activist, Claudine Dombrowski, told Fox4 that the city is sending the message that it’s OK to beat your wife or husband.

“They need to invest in headstones, because these women are going to end up in cemeteries,” Dombrowski told the station. She said she was hit with a crowbar in a domestic violence incident classified as a misdemeanor 16 years ago….

Pretty disturbing. I wonder how/why Topeka authorities chose misdemeanor domestic battery as the crime not to charge/prosecute over the last month.

-Colin Miller

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Abstracts due–University of Baltimore School of Law Fifth Annual Feminist Legal Theory Conference

Abstract submissions for the University of Baltimore’s Fifth Annual Feminist Legal Theory Conference, Applied Feminism and Democracy, are due Friday, October 14. The call for papers is here.

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