Ms. JD’s 3rd Annual Conference, “Avenues to Advancement”

Ms. JD Presents its Third Annual Conference on Women in the Law:

Avenues to Advancement

Co-sponsored by the National Association of Women Lawyers,  the ABA Commission on Women in the Profession and Young Lawyers Division, the Chicago Bar Association, and the Women  & Law Committee of the Illinois State Bar

Ms. JD’s Third Annual Conference on Women in the Law will take place on November 20th – 21st in Chicago, IL at Northwestern University’s Law School Campus.   The conference will highlight different career paths available to women in the legal profession, the changing professional environment, and the personal and professional infrastructure that best enables women to excel no matter where their careers may take them!

Learn more and register now for Avenues to Advancement!

You can learn more about Ms. JD by visiting that organization’s website.

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DU Law-Motherhood Conference-MARCH  2010-1

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The Dalai Lama, a Feminist

image source: memphis connect.com

image source: memphis connect.com

The Dalai Lama was in Memphis, Tennessee today to receive the National Civil Rights Museum’s “International Freedom Award,” given to “an individual whose work has had global impact or has impacted the state of human and civil rights abroad.”  Today’s Memphis Flyer reported here on the Dalai Lama’s remarks at the ceremony:

During his closing remarks at the International Freedom Award ceremony in the Peabody Grand Ballroom today, His Holiness the Dalai Lama called upon women to help create a more compassionate world.

“I call myself a feminist,”said the Dalai Lama.”Isn’t that what you call someone who fights for women’s rights?”

The audience erupted in laughter and applause. The Dalai Lama went to on say that women are more prone to compassion, since they have the responsibility of bearing children. * * *

“Whether you believe this religion or that religion, we are all the same human beings,”said the Dalai Lama.”We all come from the same mother. That creates the basis for compassion.”

The Dalai Lama gave the Memphis mayor a fist bump, too.

-Bridget Crawford

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CFP: “International Efforts to Address Sexual Violence in Conflict and Post-Conflict Zones”

The Body of the Nation:

International Efforts to Address Sexual Violence in Conflict and  Post-Conflict Zones

Edited by Tonia St.Germain, J.D. and Susan Dewey, Ph.D.

President Obama has vowed to put women’s issues at the core of American foreign policy. His decision to institute an Ambassador-at-Large for Global Women’s Issues is unprecedented and reflects the elevated importance of global women’s issues to the State Department. Secretary of State Clinton has drawn attention to women at nearly every stop in her travels, most recently on a visit to eastern Congo to speak out against mass rape. Clearly Obama’s Administration recognizes the urgency of this crisis surrounding the use of rape as a tool in armed conflict in Africa and worldwide. Feminists in the academy have an opportunity to help shape the questions leaders will answer as they formulate policy to address: (1) sexual violence as a weapon of war; (2) sex trafficking as a by- product of war; (3) services to help victims of these atrocities.

In this spirit, we invite papers for an anthology on international efforts to address sexual violence in conflict and post-conflict zones. The twentieth and twenty-first centuries have witnessed historically unprecedented levels of violence against non-combatants as well as a concomitant rise in international and local efforts to assist survivors of conflict-related sexual violence. While a growing literature documents the use of rape as a tool of war, there is a glaring lack of accessible work on the initiatives and institutions currently tackling sexual violence as a serious issue in conflict and post-conflict situations throughout the world. Our co-edited volume will employ case studies from research on such global and local initiatives and institutions, thereby arriving at a deeper understanding of the various ways in which communities respond to this issue cross-culturally.

As we would like to specifically target our volume toward undergraduates and a general audience, we seek accessibly written chapters from a variety of methodological, theoretical and disciplinary standpoints, with a particular focus on the following areas: [1] the ability of international criminal tribunals to prosecute wartime sexual violence without further victimization of witnesses; [2] analyses of culture-specific practices and institutions, including NGOs and state initiatives that address gender-based violence in conflict and post-conflict situations; [3] efforts toward integrating men into the discourse of sexual violence as both victims and agents of power, including judges, prosecutors and state agency leaders; [4] the impact of military regulations and military culture in constructing accountability for soldiers, border guards, police, aid workers, and United Nations peacekeepers.

This compilation seeks to challenge the limited scope of current published research by encouraging contributions from outside North America and Europe. Papers from any geographic area of the developing  world are welcome. We are looking for submissions that advance knowledge on the relationship between the state and its response to sexual violence during violent conflict and post-conflict situations. Papers that use gender, race, ethnicity, class, and sexual orientation as a category of analysis within different conflicts are encouraged. Only original work will be accepted.

Papers should be approximately 8,000 words excluding notes and bibliography. Fifteen papers will be selected for publication. Please send abstracts; paper submission date is May 1, 2010. Publication submission date is set for September 15, 2010.

Submissions should be sent electronically in APA format to susandewey@depauw.edu.

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“Sexual Harassment is a Crime in the Subway”: Poetry in Motion

CrwdedTrain

Seen today on a downtown Number 1 train in NYC, the sign above.  It reads:

Sexual Harassment is a Crime in the subway

A crowded train is no excuse for an improper touch.

Don’t stand for it or feel ashamed, or be afraid to speak up.

Report it to an MTA employee or police officer.

So unexpected was this public service announcement that I mistook it at first for part of the NYC Transit’s “Poetry in Motion” series — snippets of poems taking the place of ads on the city’s subway system — like this one from W.H. Auden:

Auden

Next I’d like to see a PSA aimed at harassers and would be harassers:

Sexual Harassment is a Crime in the Subway

There is never an excuse for an improper touch.

A person who reports sexual harassment will be believed and taken seriously.

An MTA employee or police officer will have arrested anyone who sexually harasses another on the subway.

-Bridget Crawford

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IF SHE DIES, HER PRETTY BOOBIES GO WITH HER.

That’s the theme of a new breast cancer “awareness” campaign, and Kate Harding is not amused. Here’s an excerpt from her fantastic post at Jezebel:

… This boobtastic Rethink Breast Cancer ad “and a couple more like it,” according to the LA Times‘s Dan Neil, “seem to answer a question that must have nagged breast-cancer-awareness advocates: How to get men to care? With rare exceptions, men don’t suffer from breast cancer. The earnest, sad-violins spots invoking moms and grand-moms of the past probably haven’t gained much traction among men.” Of course not! Why would we ever expect men to care about their moms and grand-moms dying of cancer if the issue isn’t marketed to get their attention? (And they say feminists have pathetically low expectations of men.) Says Neil on behalf of Dude Nation, “These ads make the equation explicit: More breast cancer equals fewer awesome breasts. Brilliant. Where do I send my check? The only people who could object to such ads are advocates for other kinds of cancer awareness. ”

Setting aside the implication that the average straight male has thus far been too fucking stupid to connect the dots between breast cancer and “fewer awesome breasts” : what was I saying about low expectations? : there’s actually a pretty good reason to object to the ads, regardless of any affiliation with other cancer awareness projects. However devastating mastectomies may be, the somewhat larger point here is that breast cancer equals fewer awesome women. And if that point is lost on Dude Nation, the problem is not with the ads, it’s with a culture that says women’s primary value lies in our sexuality. I mean, seriously, is it even possible to illustrate that any more clearly? Dead human beings of the female persuasion = meh. Lost tits = crisis! …

–Ann Bartow

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USC Law Prof Elyn Saks Won a MacArthur Foundation Award

Mary Dudziak has the details.

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CFP “The Future of the Family”


Call for Presenters and Papers


The Future of the Family: Modern Challenges in Adoption Law


Sixth Annual Wells Conference on Adoption Law


March 11, 2010

Capital University Law School

Columbus, Ohio


The conference is seeking proposals for presentations and papers emphasizing the following themes:


v The Impact of the Economic Crisis on Families

Suggested topics include, but are not limited to: available funding for subsidies, decisions to delay adoption, role of the extended family, and impact on the number of children placed for adoption.


v The Impact of Artificial Reproduction on Families

Suggested topics include, but are not limited to: the state’s role in regulating artificial reproduction, the right not to procreate, legal issues involving unused embryos, and resolution of rights and responsibilities in embryo donation and adoption.


v Overcoming Barriers to the Creation of Families for Members of the GLBT Community


Suggested topics include, but are not limited to: laws and public policies limiting adoption by GLBT parents, the impact of these laws from the perspective of the child’s right to permanence,empirical studies on outcomes for children, and alternatives available when second parent adoptions are not permitted.


Participants are asked to a lead a panel discussion on one of the topics above. Each topic will have 3-4 panel members who will present 30-45 minutes each, with discussion to follow. In addition, participants are requested to prepare an article associated with their presentation for publication in the Capital University Law Review next year.   The article would be due on September 1, 2010.


Please send your proposals to the Wells Conference Committee Chair, Alisa Hardy (ahardy@law.capital.edu)  by  October 16, 2009.


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iPhone Apps for Law Students and Profs

From the October 2009 edition of the ABA Journal, this information about iPhone applications that will interest students and professors:

Federal Rules of Civil Procedure ($2.99);

Federal Rules of Bankruptcy Procedure ($2.99);

Food, Drug and Cosmetic Act ($4.99);

Federal Rules of Appellate Procedure ($2.99);

Federal Rules of Criminal Procedure ($2.99);

Federal Rules of Evidence ($2.99);

Lanham Act ($2.99);  

Sarbanes-Oxley Act ($1.99);

Combined securities laws including the Sarbanes-Oxley Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Invest ment Company Act of 1940 and the Invest ment Advis ers Act of 1940 ($4.99);

Federal copyright code ($1.99);

Federal patent laws ($2.99).

Useful!

-Bridget Crawford


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“Happiness Gap” Truthiness Check

In a previous post I posed the question:
Why is less educational achievement and diminished career success making men happier?

Over at Language Log the “happiness paradox” data is debunked:

If we sum up all the GSS responses across years, we get these proportions of answers to the question “Taken all together, how would you say things are these days : would you say that you are very happy, pretty happy, or not too happy?”

Very happy Pretty happy Not too happy
Male 31.2% 56.7% 12.1%
Female 32.4% 55.1% 12.5%

In the responses for 1972, 1973, and 1974 (the earliest dates available), the overall proportions were:

Very happy Pretty happy Not too happy
Male 31.9% 53.0% 15.1%
Female 37.0% 49.4% 13.6%

In the responses for 2004, 2006, and 2008 (the most recent dates available), the proportions were:

Very happy Pretty happy Not too happy
Male 29.8% 56.1% 14.0%
Female 31.2% 54.9% 13.9%

The best way to describe this, I think, would be to say something like:

In the early 70s, women self-reported their happiness at levels somewhat higher than men did. Specifically, 5.1% more of the women reported themselves “Very happy”, while 1.5% fewer reported themselves “Not too happy”.

30-odd years later, in the mid 00s, women’s self-reported happiness was closer to men’s, though it was still slightly higher. 1.4% more of the women reported themselves “Very happy”, while 0.1% fewer reported themselves “Not too happy”.

To Arianna Huffington, this means that “women are becoming more and more unhappy”, while “men … have gotten progressively happier over the years”. To Maureen Dowd, this means that “Before the ’70s, there was a gender gap in America in which women felt greater well-being. Now there’s a gender gap in which men feel better about their lives.”   Ross Douthat described these numbers with the generalization “In postfeminist America, men are happier than women.”

All of these statements are either false or seriously misleading.   Maybe, if you look at the data through a sophisticated statistical model, you can support a conclusion about the relative signs of the long-term-trends for males and females.   But any way you slice and dice it, there’s not much there there.

–Ann Bartow

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Today the Army will make Command Sgt. Maj. Teresa L. King commandant of its drill sergeant school at Fort Jackson in Columbia, South Carolina. It is a first. No woman has previously run one of the Army’s rigorous schools for drill instructors.

From the NYT:

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… The eighth of 12 children, the sergeant major is the daughter of a sharecropper who grew cucumbers and tobacco near Fort Bragg, N.C. Her first job in the Army was as a postal clerk, a traditional position for women in those days.

She says she regrets not having been deployed to a war zone during her 29-year Army career, though she has trained many soldiers who were. And now, in her new job, she will have significant influence over the basic training of every enlisted soldier.

Last year the Army consolidated several drill schools into a single campus at this sprawling post, meaning Sergeant Major King, with her staff of 78 instructors, will oversee drill sergeant training for the entire Army.

Famous for their Smokey Bear hats, booming voices and no-nonsense demeanor, those sergeants transform tens of thousands of raw recruits into soldiers each year. It is one of the backbone jobs of the military, and having a woman in charge underscores the expanding role of women in the Army’s leadership.

But Sergeant Major King’s ascension is also a reminder of the limits of gender integration in the military. Just 8 percent of the active-duty Army’s highest-ranking enlisted soldiers : sergeants major and command sergeants major : are women, though more than 13 percent of Army personnel are female. …

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Where Are the Women? – Upcoming Conferences Installment

I. First up: the John F. Scarpa Conference on Law, Politics, and Culture at Villanova’s law school. Here is the list of “Conference Participants,” which appears to be entirely male:

Joseph Vining
Harry Burns Hutchins Collegiate Professor
University of Michigan Law School

Lee Bollinger
President, Columbia University

Patrick McKinley Brennan
John F. Scarpa Chair in Catholic Legal Studies and Professor of Law
Villanova University School of Law

Reverend John McCausland
Vicar, Holy Cross Episcopal Church
Weare, New Hampshire

Hon. John T. Noonan, Jr.
United States Court of Appeals for the Ninth Circuit
Robbins Professor of Law emeritus
University of California at Berkeley

H. Jefferson Powell
Frederic Cleaveland Professor of Law and Divinity
Duke University

Jack L. Sammons
Griffin B. Bell Professor of Law
Mercer University School of Law

Steven Smith
Warren Distinguished Professor
University of San Diego School of Law

James Boyd White
L. Hart Wright Collegiate Professor of Law and Professor of English emeritus
University of Michigan

II. Second, the “Sources of Uncertainty in Patent Litigation” Conference at Santa Clara’s law school features one woman moderator and only one women speaker out of 14 total speakers:

Academics
Moderator: Colleen Chien, Santa Clara Law
Dennis Crouch, University of Missouri School of Law
John Duffy, George Washington University Law School
Peter Menell, U.C. Berkeley School of Law
Arti Rai, Duke University School of Law

Litigators
David Larson, McDermott Will & Emery
Daryl Joseffer, King & Spalding
Craig Kaufman, Orrick
Ed Reines, Weil Gotshal
Bill Rooklidge, Howrey LLP

District Court Judges
Judge Jeremy Fogel, Northern District of California
Judge Andrew J. Guilford, Central District of California
Judge Ronald M. Whyte, Northern District of California

Federal Circuit Court Judges
Judge Randall R. Rader
Judge Richard Linn

III. Third, “Justice for Hedgehogs: A Conference on Ronald Dworkin’s Forthcoming Book” at Boston University’s law school. There are 25 male speakers (including Dworkin) and only 7 women, two of whom appear to be presenting jointly.

Welcome and Introduction
Dean Maureen O’Rourke, Boston University School of Law

9:30 a.m.-10:45 a.m.
I. Truth and Metaethics
Aaron Garrett, Boston University Department of Philosophy
Russ Shafer-Landau, University of Wisconsin Department of Philosophy
Daniel Star, Boston University Department of Philosophy
Michael Smith, Princeton University Department of Philosophy
11:00 a.m.-12:15 p.m.
Keynote Address:
Justice for Hedgehogs
Ronald Dworkin, New York University School of Law & University College London
12:30 p.m.-2:00 p.m.
Lunch
2:00 p.m.-3:15 p.m.
II. Interpretation
Richard Fallon, Harvard Law School
James Fleming, Boston University School of Law
David Lyons, Boston University School of Law
Lawrence Solum, University of Illinois College of Law
Benjamin Zipursky, Fordham University School of Law
3:30 p.m.-4:45 p.m.
III. Ethics and Free Will
Anita Allen, University of Pennsylvania Law School
Christine Jolls, Yale Law School
Robert Kane, University of Texas Department of Philosophy
T.M. Scanlon, Harvard University Department of Philosophy
Amartya Sen, Harvard University Departments of Economics & Philosophy

September 25-26, 2009
5:00 p.m.-6:15 p.m.
IV. Morality: Aid, Harm, and Obligation
Kwame Anthony Appiah, Princeton University Department of Philosophy
John Goldberg, Harvard Law School
Frances Kamm, Harvard University Department of Philosophy
& Kennedy School of Government
Kenneth Simons, Boston University School of Law
Susanne Sreedhar & Candice Delmas, Boston University Department of Philosophy
6:30 p.m.
Reception
Saturday, September 26
9:30 a.m.-10:45 a.m.
V. Politics and Justice I
Ed Baker, University of Pennsylvania Law School
Hugh Baxter, Boston University School of Law
Linda McClain, Boston University School of Law
Larry Sager, University of Texas School of Law
Robin West, Georgetown University Law Center
11:00 a.m.-12:30 p.m.
VI. Politics and Justice II
Robert Bone, Boston University School of Law
Samuel Freeman, University of Pennsylvania Department of Philosophy
Stephen Macedo, Princeton University Department of Politics
Frank Michelman, Harvard Law School
Robert Sloane, Boston University School of Law
Jeremy Waldron, New York University School of Law
12:30 p.m.-2:00 p.m.
Lunch
Response by Ronald Dworkin

–Ann Bartow

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Mermaid or Whale?

Via this blog:

Recently, in large French city, a poster featuring a young, thin and tan woman appeared in the window of a gym. It said:

¨THIS SUMMER DO YOU WANT TO BE A MERMAID OR A WHALE? ¨

A middle aged woman, whose physical characteristics did not match those of the woman on the poster, responded publicly to the question posed by the gym.

To Whom It May Concern:

Whales are always surrounded by friends (dolphins, sea lions, curious humans).. They have an active sex life, they get pregnant and have adorable baby whales. They have a wonderful time with dolphins stuffing themselves with shrimp. They play and swim in the seas, seeing wonderful places like Patagonia, the Barren Sea and the coral reefs of Polynesia. Whales are wonderful singers and have even recorded CDs. They are incredible creatures and virtually have no predators other than humans. They are loved, protected and admired by almost everyone in the world.

Mermaids don’t exist. If they did exist, they would be lining up outside the offices of Argentinean psychoanalysts due to identity crisis. Fish or human? They don’t have a sex life because they kill men who get close to them not to mention how could they have sex?

Just look at them…..where is IT ? Therefore, they don’t have kids either.. Not to mention who wants to get close to a girl who smells like a fish store?

The choice is perfectly clear to me; I want to be a whale. …

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Bud Light Lime Commercial: Sexist and Homophobic Even By Beer Ad Standards

Ugh:

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Using data from the social network Facebook, MIT students find that just by looking at a person’s online friends, they can predict whether someone is homosexual.

From the NYT:

… The idea behind the MIT work, done in 2007, is as old as the adage that birds of a feather flock together. For years, sociologists have known of the”homophily principle”- the tendency for similar people to group together. People of one race tend to have spouses, confidants, and friends of the same race, for example. Jernigan and Mistree downloaded data from the Facebook network, choosing as their sample people who had joined the MIT network and were in the classes 2007-2011 or graduate students. They were interested in three things people frequently fill in on their social network profile: their gender, a category called”interested in”that they took to denote sexuality, and their friend links.

Using that information, they”trained”their computer program, analyzing the friend links of 1,544 men who said they were straight, 21 who said they were bisexual, and 33 who said they were gay. Gay men had proportionally more gay friends than straight men, giving the computer program a way to infer a person’s sexuality based on their friends.

Then they did the same analysis on 947 men who did not report their sexuality. Although the researchers had no way to confirm the analysis with scientific rigor, they used their private knowledge of 10 people in the network who were gay but did not declare it on their Facebook page as a simple check. They found all 10 people were predicted to be gay by the program. The analysis seemed to work in identifying gay men, but the same technique was not as successful with bisexual men or women, or lesbians. …

No surprise to me that the homophily principle would be less observable in women, meaning women are more open to friends with different backgrounds or social markers than their own.

–Ann Bartow

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Is the Met Celebrating Woman as Sexual Prey?

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A post at Feminist Philosophers asks that question. Above is Vermeer’s “The Milkmaid” which is purportedly charged with erotic imagery related to the vulnerability of women with this social status.

–Ann Bartow

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Why is less educational achievement and diminished career success making men happier?

Over at the HuffPo Marcus Buckingham asks: What’s Happening To Women’s Happiness? In the linked post he flogs this study by Wharton Professors Betsy Stevenson and Justin Wolfers, which purportedly shows that as women begin to catch up with men in some spheres and outperform them in others, they have become less happy while men are happier than ever. Here are the illustrative graphs Buckingham deploys:

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Assuming just for the sake of this post that this data and the conclusions drawn from it are true, why is the focus only on those horrible women who don’t seem to appreciate their improving situation? Why isn’t Buckingham also asking why the fact that fewer men are completing high school or college, and that only 41 percent of all the bachelor’s degrees and 39 percent of all the master’s degrees are being earned by men, seems to be making men happier? Is ignorance truly bliss? Once you make women the standard, and then compare men to them, it would certainly seem so.

–Ann Bartow

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Call for Papers Southeastern Women’s Studies Association Conference At the University of South Carolina, Columbia, SC March 25-27, 2010

Southeastern Women’s Studies Association Conference

At the University of South Carolina, Columbia, SC

March 25-27, 2010

SEWSA ‘10

Cultural Productions, Gender, and Activism

Keynote Speakers:   Judith Halberstam, Marjorie J. Spruill, and

Bernice Johnson Reagon

Cultural Productions, Gender, and Resistance Theme Includes:

Culture, Globalization, and Transnational Activism

Art, Culture, and Empowerment

Cultural Work as Intellectual Work

Cultural Work as Political Work

Guerrilla Art and Guerilla Activism

Art and Social Resistance

Activist Art

Grassroots Organizing Through Arts and Culture

Pedagogies of the Oppressed

Theater of the Oppressed

Performance, Slam Poetry, and Politics

Thematic papers are encouraged, but we welcome paper proposals on all women’s studies topics.

SUBMISSION DEADLINE for INDIVIDUAL PAPERS and SESSIONS of 3-5 PAPERS: December 1, 2009

For more information and to submit a paper go to: http://www.cas.sc.edu/wost/conference.html

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Applications Available for the Women’s Law and Public Policy Fellowship Program (WLPPFP) and to the Leadership and Advocacy for Women in Africa (LAWA) Fellowship Program at Georgetown Law

Information about the Fellowships here.

The application  deadline  for the LAWA Program, which is for lawyers  from countries throughout Africa,  is  Wednesday, September 30, 2009.   The deadline for WLPPFP, which is for  lawyers from the United States,  is  Monday, November 2, 2009.   Thank you very much for helping us reach out to outstanding lawyers from the  U.S. and Africa who are committed to advancing women’s human rights and social justice.

With warmest regards,
Julia

Julia L. Ernst
Executive Director
Women’s Law and Public Policy Fellowship Program
Leadership and Advocacy for Women in Africa Program
Georgetown University Law Center
600 New Jersey Avenue, NW, Room 5024A
Washington, DC 20001

www.law.georgetown.edu/wlppfp

202-662-9644

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Via.

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Joslin on “Interstate Recognition of Parentage in a Time of Disharmony”

Feminist Law Prof Courtney Joslin (UC Davis) has posted to SSRN her article, “Interstate Recognition of Parentage in a Time of Disharmony: Same-Sex Parent Families and Beyond,” 70 Ohio St. L.J. 557 (2009).   Here is the abstract:

In a number of recent cases, litigants have argued that states have the authority to disregard prior parentage adjudications when those determinations violate the forum’s law and policy on lesbian and gay parenting. The Article offers two contributions to the analysis of these interstate parentage cases. The first contribution is doctrinal. Drawing upon recent legal scholarship about interstate recognition of adoption judgments, the Article demonstrates that other forms of parentage adjudications, including those made in the context of otherwise modifiable orders such as child custody and support orders, are entitled to exacting respect under the Full Faith and Credit Clause.

The second contribution is normative. Thus far, the scholarship on these interstate parentage cases has been limited largely to consideration of their implications for other same-sex parent families. Lesbian and gay parenting is not, however, the only area of parentage law where the states have adopted widely divergent rules based on moral or policy concerns. To the contrary, parentage has become an increasingly contested area of law. This Article seeks to fill the gap in the literature by considering the potential ripple effects of these same-sex parent cases in two other areas of parentage law – surrogacy and paternity disestablishment.

The full article is available here.

-Bridget Crawford

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CFP: Wagadu Journal Issue on Sexual Violence and Armed Conflict

From the FLP mailbox, this CFP from Professor Tonia St. Germain at Eastern Oregon:

Wagadu, a Journal of Transnational Women’s and Gender Studies, invites papers for a special issue on gender and law and have selected sexual violence and armed conflict as the topic.

Sexual violence has been a part of conflict since warfare began but research and scholarship have only recently begun to uncover its extent and complexity. Over the last twenty years, there is growing recognition in international human rights law and international criminal law scholarship of the state’s role in responding to wartime sexual violence. Legal scholarship joined ranks with the humanities and social sciences from around the world to interrogate how sexual violence has been executed, acknowledged, and addressed during armed conflict, genocides, massacres, and complex emergencies. While studies of sexual violence in conflict have largely focused on women and children as victims, sexual abuse of men and its effects are important, especially their roles as soldiers, prisoners, significant others, and family members of those who have been directly violated. In addition, children born as a result of wartime rape have been overlooked in the research. We seek submissions addressing wartime sexual violence during and after conflict situation directed toward:

* women and/or men
* children, including those born as a result of wartime rape
* heterosexual relationships/family groups
* lesbian, gay, bisexual and trtransgenderedelationships/family groups

Papers from any geographic area of the developing world are welcome.

Sexual violence in armed conflict might include, but is not limited to, analysis of the following topics:

* international criminal law and its institutions
* international tribunal case law
* international humanitarian law and its institutions
* treaties, conventions, resolutions, declarations and guidelines, promulgated by either the United Nations or a regional human rights body
* specific UN enforcement bodies, specialized agencies, committees or special rapporteur’s monitoring human rights
* reports and complaints about human rights violations by non-governmental organizations (NGOsNGOs individuals
* human trafficking and sexual slavery in armed conflicts
* obligations of states that ratify a human rights treaties
* national law enforcement, judicial, prosprosecutorial medical response
* models for legislative and policy reform
* successes and failures of laws and protocols
* unintended negative effects of law or policy on survivors of sexual violence
* social traditions and religious beliefs impact on law formation and practice
* human rights of women and obligations of national government to protect and promote such rights

Papers will be peer reviewed anonymously. Papers should be between 3,000-5,000 words excluding notes and bibliography. Eight to ten papers will be selected for publication. Completed papers submission date is December 15, 2009. Publication date is set for summer 2010.

Please send abstracts (250 words maximum) by October 1, 2009.   Submissions should be sent electronically in APA format to the Wagadu site (please register as”author”).

More information is available here or contact Professor Tonia St. Germain, tstgerma@eou.edu.

-Bridget Crawford

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Posted in Call for Papers or Participation | Comments Off on CFP: Wagadu Journal Issue on Sexual Violence and Armed Conflict

Sexual Assault Prevention Tips Guaranteed to Work!

Sexual Assault Prevention Tips Guaranteed to Work!

1. Don’t put drugs in people’s drinks in order to control their behavior.

2. When you see someone walking by themselves, leave them alone!

3. If you pull over to help someone with car problems, remember not to assault them!

4. NEVER open an unlocked door or window uninvited.

5. If you are in an elevator and someone else gets in, DON’T ASSAULT THEM!

6. Remember, people go to laundry to do their laundry, do not attempt to molest someone who is alone in a laundry room.

7. USE THE BUDDY SYSTEM! If you are not able to stop yourself from assaulting people, ask a friend to stay with you while you are in public.

8. Always be honest with people! Don’t pretend to be a caring friend in order to gain the trust of someone you want to assault. Consider telling them you plan to assault them. If you don’t communicate your intentions, the other person may take that as a sign that you do not plan to rape them.

9. Don’t forget: you can’t have sex with someone unless they are awake!

10. Carry a whistle! If you are worried you might assault someone "on accident"you can hand it to the person you are with, so they can blow it if you do.

Via.

NOTE: I am NOT the author of these clever tips! I just re-posted this excerpt, taken from the linked site.

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Posted in Acts of Violence, Coerced Sex, Yep, sarcasm. | 26 Comments

Manian on “Informed Consent and Abortion Decision-Making”

Feminist Law Prof Maya Manian (USF) has posted to SSRN her article, “The Irrational Woman: Informed Consent and Abortion Decision-Making.” which appears in the Duke Journal of Gender Law & Policy.  Here is the abstract:

In Gonzales v. Carhart, the Supreme Court upheld a federal ban on a type of second-trimester abortion that many physicians believe is safer for their patients. Carhart presented a watershed moment in abortion law, because it marks the Supreme Court’s first use of the anti-abortion movement’s”woman-protective”rationale to uphold a ban on abortion and the first time since Roe v. Wade that the Court denied women a health exception to an abortion restriction. The woman-protective rationale asserts that banning abortion promotes women’s mental health. According to Carhart, the State should make the final decisions about pregnant women’s healthcare, because the State knows better than the woman herself that her”ultimate”role is as a mother. Carhart‘s woman-protective reasoning has pernicious and far reaching implications for gender equity in healthcare. This Article critiques the woman-protective anti-abortion argument from the perspective of healthcare law. It compares women’s healthcare decision-making under abortion law to patient decision-making under more general law. This Article is the first to demonstrate that the woman-protective argument against abortion is an anomaly in the law’s treatment of patient healthcare decision-making. It argues that the denial of pregnant women’s decision-making capacity in abortion law unjustifiably diverges from the law’s respect for patient decision-making capacity in both the tort law doctrine of informed consent and in constitutional law cases governing medical decision-making. In contrast to both private and public law on patient decision-making, abortion law treats competent adult women as incompetent to make decisions about their own healthcare. That abortion law treats women as poorer decision-makers bolsters the claim that sex discrimination underlies abortion regulations.

The full paper is available here.

-Bridget Crawford

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Obama Appoints First Openly Lesbian Commissioner to the EEOC

The White House just announced that it has nominated Georgetown LawChai Feldblum Center’s Professor Chai Feldblum as a Commissioner to the Equal Employment Opportunity Commission.   This is huge not only because Feldblum would be the first out lesbian or gay person on the EEOC (which, as Nan Hunter points out will gain particular significance when/if ENDA is enacted), but more generally because Feldblum is among the smartest and most experienced lawyers working on the administrative interpretation and enforcement of anti-discrimination laws.

Chai was at the center of the policy team that aided Congress and the Clinton Administration in the drafting of the Americans with Disabilities Act and its accompanying regulations and implementation, played a crucial role in the writing of the Ryan White CARE Act, has developed legal and legislative strategies to expand anti-discrimination protections for transgendered people, and has been a key player in the many-year effort to gain passage of the Employment Non-Discrimination Act which could add sexual orientation and gender identity protections to federal non-discrimination laws.     Feldblum has fought efforts to remove the gender identity provisions from ENDA, a strategy urged by some, including Rep. Barney Frank, to gain broader support for the legislation.

Not incidentally, after serving as Legislative Counsel to the ACLU’s AIDS Project, Feldblum founded Georgetown’s Federal Legislation and Administrative Clinic, a program designed to train students to become legislative lawyers.   It is hard to imagine a more qualified appointment to the EEOC.

It’s also a delight to see a White House Press Release that uses the words lesbian, gay, bisexual and transgender as something other than an epithet.

Katherine Franke, cross posted from Gender & Sexuality Law Blog

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Posted in Academia | 1 Comment

Rape Shield Redux: Supreme Court of Nevada Finds Rule 26 Applies Where Rape Shield Law Doesn’t

Back in July, I posted an entry about an opinion by the Supreme Court of Alabama permitting discovery regarding a civil plaintiff’s sexual history because Alabama’s rape shield rule only applies to criminal cases. In that post, I argued that, even without the rape shield rule being applicable, the court should have precluded such discovery because “questions regarding [the plaintiff’s] past sexual behavior would not have led to admissible evidence or been reasonably calculated to lead to to the discovery of admissible evidence.” Now, in Sonia F. v. Eighth Judicial Dist. Court, 2009 WL 2900770 (Nev. 2009), the Supreme Court of Nevada has reached the same conclusion.

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Patronizing a Prostitute is not Tax Deductible

The United States Tax Court thus opined today in Halby v. Commissioner, T.C. Memo 2009-204.

Pro se plaintiff William Halby claimed more than $76,000,000 in medical expenses, contending that his purchases of pornographic books and magazines as well as for the “services” of a number of prostitutes constituted medical expenses.  In denying the deduction, the Tax Court noted, “Petitioner did not visit these prostitutes as part of  a course of therapy prescribed by his doctor, nor did petitioner  ask his doctor to prescribe any sort of sex therapy.”

Does the court mean to imply that if a doctor had advised the taxpayer to visit a prostitute, the expense would have been deductible?  I hope not.  But carrying out that line of thinking, say that  prostitution was legal in the taxpayer’s jurisdiction and the taxpayer’s doctor did advise him to visit a prostitute.  Then would the expense be deductible as a medical expense?  I’m guessing that deduction would be disallowed.  After all, there a little blue pill for these sorts of dysfunctional situations, right?  Of course,  this taxpayer clearly had more than just garden-variety dysfunction.

By the way, Mr. Halby was an attorney.

-Bridget Crawford

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The “2010 California Marriage Protection Act” will ban divorce in the state of California.

“People who supported Prop 8 weren’t trying to take rights away from gays, they just wanted to protect traditional marriage. That’s why I’m confident that they will support this initiative, even though this time it will be their rights that are diminished. To not support it would be hypocritical.”

So says John Marcotte in this interview. Learn more by watching the clip below.

–Ann Bartow

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Posted in Feminism and Families, Feminism and Law, It's satire, in case that requires pointing out, LGBT Rights | Comments Off on The “2010 California Marriage Protection Act” will ban divorce in the state of California.

Men’s Boogers Present Special Challenges

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Via Lisa at Sociological Images who notes that the idea of marketing Kleenex for Men has apparently been resuscitated from 1964. Can you say “backlash”?

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–Ann Bartow

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Posted in Feminism and Culture, Sociolinguistics, Yep, sarcasm. | 2 Comments

Berkeley Center for the Study of Law and Society

From the FLP mailbox:

Visiting Scholars 2010-2011,  Center for the Study of Law and Society,  University of California, Berkeley

The Center for the Study of Law and Society invites applications for   visiting scholars for 2010-2011. The Center fosters empirical research  and theoretical analysis concerning legal institutions, legal   processes, legal change, and the social consequences of law. Closely  linked to Boalt Hall School of Law, the Center creates a   multidisciplinary milieu with a faculty of distinguished socio-legal   scholars in sociology of law, political science, criminal justice  studies, law and economics, legal history, and legal and social   philosophy, along with visiting socio-legal scholars from the United   States and around the world.

Application Requirements

1. Applicants normally must possess a Ph.D. or J.D. (or foreign equivalent).

2. Applicants must submit a full curriculum vitae.

3. Applicants must submit a cover letter describing their proposed  program of research or study and specifying the time period they wish to be in residence at the Center.   Applicants must pursue a program of research or study which is of mutual interest to faculty members at the Center for the Study of Law and Society.

4. Applicants must indicate their source of funding while visiting   Berkeley, e.g. sabbatical pay, scholarship, government funding, personal funds, etc. Unfortunately, the Center cannot offer stipends   or other financial assistance. Monthly minimum requirements for foreign exchange scholars are: $1600 per month for the J-1 scholar, $500 per month for the J-2 spouse, $200 per month for each J-2 child.

Among the benefits of being a visiting scholar at the Center for the Study of Law   and Society are: library privileges at the Law School and at all campus libraries; invitation to our weekly CSLS Speaker   Series, workshops, and scholarly exchanges; UCB campus privileges such as athletic facilities and permission to audit classes; and, when   possible, assignment to shared or other office space and use of computer, internet, and other facilities.

The Center will consider applications for periods of time that vary from one month duration to the full academic year. Applicants should   submit the information listed above by November 13, 2009 by e-mail to csls@uclink.berkeley.edu or by postal mail to: Visiting Scholars   Program, Center for the Study of Law and Society, University of   California, Berkeley, CA 94720-2150.

Inquiries may be made to the Director, Professor Calvin Morrill, at   cmorrill@law.berkeley.edu or to the Executive Director, Dr. Rosann Greenspan, at rgreenspan@law.berkeley.edu.   To learn more about the   Center, see here.

-Bridget Crawford

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Posted in Fellowships and Funding Opportunities | 1 Comment

No “Sex Plus” in the Seventh Circuit: Court Fails to Recognize “Sex Plus” Theory of Discrimination in Title VII Action Against Fire Department

A female firefighter has direct or circumstantial evidence that she was intentionally discriminated against based upon he gender. Undoubtedly, if she brings a Title VII action against the fire department, her action will survive a motion for summary judgment. But what if the firefighter brings an action against the fire department claiming that she was intentionally discriminated against based upon her gender plus her height?

Well, according to the recent opinion of the Seventh Circuit in Coffman v. Indianapolis Fire Dept., 2009 WL 2525762 (7th Cir. 2009), that’s a horse of a different color. The plaintiff in Coffman raised just such an argument, but the Seventh Circuit found that it did not need to address it because, inter alia, it had not  yet recognized a “sex-plus” theory of discrimination and the plaintiff failed to develop her “sex plus” argument. I think that this was the wrong conclusion.

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Rethinking the Next Manicure: When the Quest for “Beauty” for Some Means Toxins for Others

From sistersong.net, this article about the deleterious effects that working in nail salons can have on women’s health:

There are over 380,000 nail salon workers in the U.S. cosmetology industry, of which 96% are female and predominately of reproductive age. The typical nail salon worker earns less than $18,200 a year, lacks health care coverage, and is an immigrant Asian and Pacific Islander (API) woman with limited English language skills and education.

To address health and safety concerns of the national nail salon workforce, the California Healthy Nail Salon Collaborative, the National Asian Pacific American’s Women Forum (NAPAWF), and Women’s Voices for the Earth (WVE) formed the National Healthy Nail Salon Alliance (NHNSA) in 2007.  * * *

One of the NHNSA’s biggest challenges lies in convincing US federal agencies to hold the beauty and personal care industry to a stricter standard to assure better protection for workers, owners, and the general public. On a daily basis and often for long hours at a time, nail salon technicians are exposed to substances such as toxic solvents, chemical solutions, glues, and cosmetic products, which contain thousands of chemicals; including some that are known to be carcinogenic or suspected to cause reproductive harm or other negative health impacts. These chemicals may be inhaled or absorbed through the skin, some accumulating in the body over time. Childbearing women may also pass these toxins to their fetuses or breastfeeding newborns. Many API nail salon workers:recognizing the potential health threats to themselves and their future children:report that they plan to quit their jobs when pregnant to avoid toxic exposures. * * *

The top three chemicals of concern in many nail polishes are toluene, formaldehyde and dibutyl phthalate, also known as the”toxic trio.”These chemicals have been linked to cancer in addition to reproductive harms including miscarriages, infertility, and birth defects. However, despite the health impacts associated with the toxic trio, there is very limited governmental regulation or review over them and the 10,000 other chemicals used in cosmetic and personal care products.

For a reason not to get that next manicure or pedicure, check out the National Healthy Nail Salon Alliance’s report “Phasing Out the Toxic Trio: A Review of Popular Nail Polish Brands.”

-Bridget Crawford

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“Gender Verification Tests” in Sports – We All Have A Stake in Caster Semenya’s Medal

As many will recall, the gold medal performance in the 800 meter track competition by caster-semenyaCaster Semenya, a South African athlete, last month at the Berlin World Championships, sparked a”sex panic”when some observers questioned Semenya’s “real” sex.   Well, things have turned a troubling corner in this matter this week.   An Australian newspaper reported today that Semenya’s “gender verification” test results revealed that she failed the female sex test.     That is to say, the results are reported to show that her body does not fall within the prescribed definition of a woman for competitive international sports.

I put the issue this way for a reason – failed the female sex test – because the International Association of Athletics Federations’s (IAAF) gender verification policy applies only to women’s events.     Their testing is not designed to determine an athlete’s “real” sex, but rather seeks to discover whether a competitor such as Semenya is “enjoying the benefits of natural testosterone predominance normally seen in a male.”     In essence, to pass the test the competitor must show “female levels of testosterone” (my term).

Mind you, not all athletes in women’s track meets have their testosterone levels tested.   Caster PhotoThe IAAF ceased routine gender verification testing in its events in 1991, and now   forces a competitor to undergo such testing only when a challenge is brought by another competitor or a ‘suspicion’ is raised as to an athletes’ gender“.   In this case, Semenya looked “too masculine” and a suspicion was raised.   She tried to fix this problem last week when she underwent a makeover to “feminize” her look and posed as a covergirl for South Africa’s You Magazine.   But this performance came too late.   Suspicions had already been raised.

In the end, the nub of the matter, really, was that she didn’t run like a girl – she ran too fast to be a real female.     It would have been highly unlikely that “gender verification testing” would have been ordered if she’d finished with the back of the pack.   In this sense, Semenya shares something with Oscar Pistorius who, aided by oscar_pistorius_niketwo prosthetic legs, runs too fast to be human and was disqualified by the IAAF from competing in the Olympics.

Castor Semenya has reportedly gone into hiding now that the results of her “gender verification test” have been made public.   Her athletic career has likely ended (unless she is willing to undergo transgender surgery, in which case, ironically, the IAAF will allow her to compete) and the public humiliation and ridicule she may suffer for being an “hermaphrodite” and not a “real woman” are likely to be crushing.   Recall that when Santhi Soundarajan underwent a similar public inquisition several years ago she attempted suicide.

We would be all well advised to pull Donna Haraway’s Cyborg Manifesto off the shelf for a re-read.   Hathaway’s groundbreaking deployment of the “cyborg” challenged naturalist and essentialist notions of “real” women and “real” men by exposing the ways that things considered natural, like human bodies, are not, but are constructed by our ideas about them.   These legally and culturally enforced notions of normality are enforced even in a case such as Semenya’s whose body and capacities are absolutely part of the natural variation of the species, but who is rendered unnatural and abnormal by virtue of a test that arbitrarily locates her outside the domain of “real women”.

To those of you who say: “I don’t think it’s fair that someone with such high testosterone levels be allowed to compete in the women’s track events.   What’s to stop men from competing in these events and winning all of them?”   I have the following answer: Then don’t call them women’s and men’s events, define the events by testosterone levels – those with levels up to some ceiling run in one event, those with higher levels run in another event.   Collapsing “female” and “male” into testosterone levels is both bad science and bad social policy.   Sexual categories are, after all, social and cultural categories, not biological ones.

APTOPIX Germany Athletics WorldsWe all have a stake in Caster Semenya’s ongoing treatment.   That suspicions about how she looks can lead to having her identity as a “real” woman publically revoked communicates a clear message to all of us who consider ourselves female:   Don’t talk too loud, don’t throw a ball too well, and don’t look too comportable in pants or walk with a “masculine gate.”     And whatever you do, don’t look too triumphant when you run really fast.   The gender police are out there looking for you.

One last thing: for accurate information on the definitions of, incidence of, and “treatments” for a range of intersex conditions, go to the Intersex Society of North America.

Katherine Franke, cross posted from Gender and Sexuality Law Blog

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Posted in Academia | 2 Comments

“It’s a pity we can’t just seriously divide the country in two. On one side, all you people who don’t want “socialism” can go and live without Medicare, municipal sewer systems, roads that are maintained by government funds, running water, fire departments, police departments, national/state/city parks, public libraries, and other such disgusting features of life under brownshirt Obamcare socialism. The rest of us commies will hunker down together in our socialist nightmare and finally craft a universal health care system to go along with the rest of evil socialist empire.”

Thus Spake Zuska.

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Posted in Feminism and Medicine, Women's Health, Yep, sarcasm. | Comments Off on “It’s a pity we can’t just seriously divide the country in two. On one side, all you people who don’t want “socialism” can go and live without Medicare, municipal sewer systems, roads that are maintained by government funds, running water, fire departments, police departments, national/state/city parks, public libraries, and other such disgusting features of life under brownshirt Obamcare socialism. The rest of us commies will hunker down together in our socialist nightmare and finally craft a universal health care system to go along with the rest of evil socialist empire.”

Inciting harassment can be costly.

Check out this settlement:

Mid-Trial Settlement for Derogatory Comments by Shock Jocks- $1,000,000.00

Settlement: $1,000,000.00 after three days of trial

Caption: Athena Anddrinkopoulis v. Defendant (No Response)

Judge: Hon. John Egan, JSC

Date of Settlement: 12/6/07

Plaintiff’s Attorney: Daniel Centi, Esq. of Feeney, Centi & Mackey

Defense Attorneys: No response from Defense Counsel

Facts: When she was 2.5 years old, Plaintiff was burned over 80% of her body in an accident at home. She had undergone over 50 surgeries and still has severe facial scarring and loss of the fingers on her left hand. On February 14th, 2006, a disc jockey, and agent of the Defendant, ate dinner at the Redwood Diner in Rotterdam, where the now 24 year-old Plaintiff worked as a Hostess. The following day the disc jockey, and a fellow disc jockey, discussed Plaintiff at various times during their four hour show – devoting approximately 30 minutes to the subject. During this time, amidst other derogatory comments, they referred to Plaintiff as”Susie Burns”and”Bernadette Flames”. They also described Plaintiff as a”freak”and urged the public to visit the diner to see the”freak show.” Plaintiff commenced suit for intentional infliction of severe emotional distress.

Injuries: The Plaintiff claimed that, as a result of the Defendants’ actions and words, she became severely depressed, lost 14 pounds in two weeks, treated with a psychiatrist and a psychologist, and found it difficult to leave her home- which resulted in her career being put on hold.

–Ann Bartow

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From the Department of Good Vibrations

New hand-cranked vibrator uses a small wind-up handle to power up rechargeable batteries inside the casing.
Details here. And, see also.

–Ann Bartow

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Ben-Asher Reviews Butler & Spivak

Noa Ben-Asher, my fabulous new colleague at Pace (and Feminist Law Prof), has published her review essay, Who Says ‘I Do’? in the Yale Journal of Law & Feminism.  Professor Ben-Asher reviews Judith Butler & Gayatri Spivak’s book, Who Sings the Nation-State? Language, Politics, Belonging (Seagull Books 2997).  Here is the abstract of the review essay:

This Book Review offers an analogy between two forms of resistance to legal discrimination by marginalized minorities: singing the national anthem in Spanish on the streets of Los Angeles in the spring of 2006 by undocumented immigrants, and possible future public marriage ceremonies by LGBT people and other marriage outlaws. Based on the conceptual grounds laid by Judith Butler and Gayatri Spivak, and earlier by Hannah Arendt, the Review uses an analogy to the public singing of the anthem in Spanish in order to argue that the performance of public marriage ceremonies by LGBT people and other marriage outlaws may achieve two significant political goals: performative contradiction and political speech acts.

The full essay is available here on SSRN.

-Bridget Crawford

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Mikula v. Allegheny County of Pennsylvania re-decided based on a broader construction of the Lilly Ledbetter Fair Pay Act.

From Womenstake:

In a triumphant development for equal pay, the Third Circuit Court of Appeals today ruled in favor of Mary Lou Mikula, holding that her Title VII pay discrimination claim had been erroneously dismissed on the basis that her charge was not timely. The National Women’s Law Center (NWLC) filed a petition to rehear her case, Mikula v. Allegheny County of Pennsylvania, relying on the newly enacted Lilly Ledbetter Fair Pay Act.

The Ledbetter Fair Pay Act restored the law that existed for decades in virtually every region of the country prior to the Supreme Court decision in Ledbetter v. Goodyear Tire and Rubber Co. and makes it clear that each discriminatory paycheck is a new act of discrimination that resets the 300-day time period to file a claim.

The Petition for Rehearing filed by the NWLC is here.

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10 Most Important Intellectual Moves in 21st Feminist Legal Theory (So Far)

What are the most important trends/questions/ideas/theoretical moves in feminist legal theory since the year 2000?

That’s the question two friends and I discussed today as we were car-pooling to a conference.  Here is a back-of-the-envelope list that comes out of that conversation.  The items are listed in no particular order — I cobbled this together as my mind wandered during the conference.

Some of the items contradict each other; others overlap.  They are all malleable.

(1) Are there classifications based on something other than sex that would explain persistent inequalities in American law and society?

(2) To what extent are identity-based classifications inadequate explanations for persistent inequalities that have been attributed by some 20th century feminists to sex and/or gender?

(3) How can/does/should feminist theory reckon with the challenge by transgender theory to gender binarism embraced by [some] transgender theory? [revisions in blue suggested by Darren Rosenblum and gladly accepted — au.]

(4) How does Lawrence v. Texas extend/inform/complicate/benefit a feminist (and queer) analysis of marriage, and what are the theoretical limitations and opportunities presented by current political battles over same-sex marriage?

(5) How and why have international human rights laws failed to protect women?

(6)  What do the principal methods and ideas of third-wave feminism mean for the law?

(7)  What is the nature and extent of the commercialization/commodification of human reproduction?  What are the consequences?

(8)  In applying feminist theory to more and more areas of the law, what do we learn about those areas of the law?  What do we learn about feminist theory’s limitations?

(9) How can feminists overcome a post-modernist reductionism that results from an extreme application of anti-essentialism?

(10) Other than anti-discrimination, what models are there for understanding how to effect legal change?

I intentionally leave out the names of scholars or specific works associated with each item, because I thought that might distract from the questions themselves.

When I make a different mental list of the feminist legal scholarship that has compelled my attention in the last 9 years, each falls into at least one of these categories.  Corrections?  Suggestions?  Refinements?

-Bridget Crawford

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Posted in Academia, Feminist Legal Scholarship | 6 Comments

“Maggot Lace”

A few weeks ago I read a piece by Caitlin Flanagan in the September issue of The Atlantic, entitled: Sex and the Married Man. Like about everything Flanagan writes it was awful, full of lurid and venemous speculation about the lives of people she doesn’t seem to actually know. In this case those people included Helen Gurley Brown and Elizabeth and John Edwards. Here are the opening paragraphs:

She’s 87, still kicking, and almost certainly still dieting, and the old bird has earned herself a scholarly biography the hard way; if Helen Gurley Brown’s journey from the outhouses and tent revivals of the Ozarks into the cocktail parties and four-color closings of the Hearst Corporation can’t make a corker of a story, nothing can. Bad Girls Go Everywhere, by Jennifer Scanlon, a gender and women’s-studies professor at Bowdoin, is a comprehensive report on HGB theory, which is in a revisionist phase. It rejects the earlier view, long held by giants of the women’s movement such as Gloria Steinem, who believed (per Scanlon) that Brown was a scourge who”enhanced men’s rather than women’s lives by turning women into sexually available playmates.”Instead, we are asked to consider Brown”a pioneer, a founder of the second wave.”Brown”has largely been left out of established histories of postwar feminism’s emergence and ascendance,”and this book purports to correct the record, telling the true story behind her”very particular and still-relevant brand of feminism.”

The central argument, in précis: second-wave feminism:with its endless reading lists and casually divorced breadwinners, its stridently unshaven armpits and Crock-Pots of greasy coq au vin:was fine for the educated set, the B.A.-in-anthropology, little-bit-of-money-put-aside women who could get themselves master’s degrees in library science, peel off the Playtex 18-Hour Living Girdle one last time, and divest themselves of the whole maddening, saddening, 24-Hour Living Death of mid-century housewifery. But the movement wasn’t much of a starter for the young women of the American steno pool:call them the Seven Thousand Sisters:who barely made it all the way through Doctor Zhivago, let alone The Second Sex, and who, moreover, had no desire to go through life looking like Sasquatch and feeling angry all the time.

Because “Seven Thousand Sisters” didn’t have any interest in access to birth control, equal pay for equal work, or being able to take out a mortgage without having to have their fathers co-sign the loan? Flanagan hates feminists, so she lies. And this kind of dishonest stupidity deserves to be called out. But the prospect of unpacking and addressing all the ridiculous and insulting crap she put in the article for this blog was daunting, because I’m slammed with work, and the thought of giving Flanagan a careful second reading was highly unappealing. Happily, Echidne of the Snakes has done a good take down of the essay here, in a post entitled “Maggot Lace.” Below is an excerpt:

The Gurley Brownish single women don’t have the power to get promoted at work, Flanagan reminds us, but they have the power to claw their way up along a hairy male leg. At least until its owner shakes the struggling single woman off, as he will, in due time, because mistresses are for sex, long-suffering wives at home for real life.

Home-wrecking is not like other blue-collar industries, in Flanagan’s world. It’s totally staffed by women. Men are apathetic victims, led around by their penises, and cannot be held responsible for their urges to bed-hop even while married. This is something women should just accept as the framework for their lives.

That, according to Flanagan, leaves them with three options: either marry one of those bastards and stay long-suffering in the kitchen, refuse the rigged game altogether and become a lonely spinster with cats or wreck the homes of godly married women. What juicy choices we are offered in her world!

What’s ultimately weirder is the great contempt towards all men Flanagan demonstrates, without seeming to notice it. That this contempt is associated with complete acceptance of male dominance in all paths of life makes me wonder how she sees her life in general. Isn’t it dreadful to be in that position of always justifying one’s own internalized misogyny? How does she cope with the cognitive dissonance that certainly would bother me if I was a woman telling other women that housewives are the only Good Women and that house-cleaning is the epitome of spiritual enlightenment, while all the time carrying on a nice little writing career with paid help at home? Or is it all just a game, something for laughs while tossing back a beer or two with the guys at the bar?

Echidne’s post also generated some good comments, one by The Bewilderness which says in pertinent part: “… I think this sort of irrational othering of your own group is about exceptionalism. When you’ve grown up with the “girls can’t” song echoing through your life. When you find that you actually can. You either see through the myth to the reality, or decide that you are one very special snowflake, and not at all like any of those others.

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Posted in Feminism and Culture, Feminist Legal History, Sexism in the Media | 1 Comment

CFP: Feminist Law Teachers Conference, Saturday, Nov. 21 at Temple Law School

The 17th Annual Conference of The Delaware Valley, Pennsylvania, Ohio, and West Virginia Feminist Law Teachers will take place on Saturday, November 21st at Temple University Law School from approximately 8:45 AM to 4:30 PM.

The Conference has always been 6 credits of CLE, including 1 ethics credit.

If you have just finished or are about to finish an article please consider presenting. The article does not have to be overtly feminist. This has been a generally supportive group, particularly for new law teachers.

We cannot pay expenses but we can notify you of hotel discounts.

Please submit proposals to Marina.Angel@temple.edu as soon as possible.

–Marina Angel

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Posted in Call for Papers or Participation, Feminist Legal Scholarship, Feminists in Academia, Upcoming Conferences | 4 Comments

Where Are the Women? Not at George Mason’s “Gridlock Economy Conference,” that’s clear.

George Mason University, School of Law is convening a conference entitled: Tragedies of the Gridlock Economy – How Mis-configuring Property Rights Stymies Social Efficiency. Here are the listed participants:

Michael Heller
Richard Epstein
Harold Demsetz
Michael Meurer
F. Scott Kieff
Adam Mossoff
Kevin Werbach
Thomas Hazlett
Gerald Faulhaber
Doug Lichtman
Robert Merges
Chris Newman

Not a single woman.

–Ann Bartow

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Decal I want…

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So I’m going to buy one here when they are back in stock. NB: This is NOT a paid or compensated (in any way) mention.

–Ann Bartow

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“Missing Woman – Amelia Earhart’s flight” by Judith Thurman

In the New Yorker – read it here.

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“No Time At All” performed by Martha Raye

Better than you might think!

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Female Supervisors Face Significant Sexual Harassment

From Paul Secunda at Workplace Prof Blog:

“Probably not a big surprise to many readers out there that female supervisors are still harassed in large numbers, but the fact that this study show that they are harassed more than non-supervisor female employees is just a little surprising to me (via MSNBC):

Female managers are 137 percent more likely to experience sexual harassment than their rank-and-file counterparts, according to a recently released study.

Even Heather McLaughlin, a sociologist at the University of Minnesota and the primary investigator on the study, was surprised by the findings.

“It’s sort of a paradox,”she says.”You would expect that having that status and power over other employees would protect you from that behavior.”

Turns out it doesn’t, and McLaughlin’s conclusion is that”because of gender norms, people are still not accepting women in power positions.”

The report,”A Longitudinal Analysis of Gender, Power and Sexual Harassment in Young Adulthood,”looked at data that tracked nearly 600 individuals from adolescents into their 30s. …

From Nan Hunter at Hunter of Justice:

“Data presented at this year’s meeting of the American Sociological Association demonstrate that women in management positions are significantly more likely to be harassed than women who do not supervise others. The study also found that effeminate men were susceptible to harassment, an observation borne out by the large number of same-sex harassment cases, almost all filed by male employees who are perceived for a variety of reasons to be weak.

Women who hold supervisory positions are more likely to be sexually harassed at work, according to the first-ever, large-scale longitudinal study to examine workplace power, gender and sexual harassment.

The study, “A Longitudinal Analysis of Gender, Power and Sexual Harassment in Young Adulthood,” reveals that nearly fifty percent of women supervisors, but only one-third of women who do not supervise others, reported sexual harassment in the workplace. In more conservative models with stringent statistical controls, women supervisors were 137 percent more likely to be sexually harassed than women who did not hold managerial roles.

While supervisory status increased the likelihood of harassment among women, it did not significantly impact the likelihood for men.

“This study provides the strongest evidence to date supporting the theory that sexual harassment is less about sexual desire than about control and domination,”said Heather McLaughlin, a sociologist at the University of Minnesota and the study’s primary investigator. “Male co-workers, clients and supervisors seem to be using harassment as an equalizer against women in power.”   …

–Ann Bartow

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Center for Reproductive Rights-Columbia Law School Fellowship

Center for Reproductive Rights – Columbia Law School Fellowship

The CRR-Columbia Fellowship is a full-time, residential fellowship for up to two full years starting in July 2010. The Fellow will be a member of the community of graduate fellows at the Law School and will be integrated into the legal and policy work of the Center and will have work space at both locations. The Fellow will also have access to law school facilities, including the library and on-line research resources, and faculty events. It is expected that the Fellow will work closely with an assigned Law School faculty mentor.

Read more

Katherine Franke

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CFP: 2010 Hamline Law Review Symposium Request for Proposals “The Evolution of Trade Secret Law: Reflecting on 30 Years of the Uniform Trade Secrets Act”

On Friday, April 16, 2010, Hamline University School of Law and the Hamline Law Review will present a symposium to mark the 30th anniversary of the adoption of the Uniform Trade Secrets Act (the UTSA). The editors of the Hamline Law Review invite writing proposals and requests to present from scholars, researchers, practitioners, and professionals on topics related to the history, purpose, and meaning of the UTSA.

The significance of the UTSA is exemplified, in part, from its drafting history. The UTSA was drafted after issues regarding the creation of a uniform law to govern trade secrets were raised at American Bar Association meetings in the mid-1960s. After years of discussions and development, the UTSA was formally adopted by the National Conference of Commissioners of Uniform State Laws (also known as the Uniform Law Commission) in 1979. In August of 1980, Minnesota became the first state to adopt the UTSA, with the new law going into effect in Minnesota and several other states on January 1, 1981. Since that time, forty-five states, the District of Columbia, and the U.S. Virgin Islands have adopted the UTSA, making it the predominate law governing trade secrets in the United States.

The upcoming symposium and the symposium edition of the Hamline Law Review will reflect on the history, purpose, and meaning of the UTSA, explore the future of trade secret law, and assess the impact the UTSA has had on trade secret law, domestically and internationally. Authors and presenters may also discuss issues related to the uniform lawmaking process and differences in trade secret laws among the United States.

Please submit proposals of no more than 500 words by attachment to lcapeder01@hamline.edu by October 15, 2009.

All proposals should include the name, title, institutional affiliation, and contact information of the intended author/presenter, and should address matters related to the UTSA. Authors are also welcome, but not required, to submit a CV.

The Hamline Law Review expects to make invitations to speak and publication offers by November 1, 2009. Completed articles/essays will be due March 1, 2010 for publication in the Summer 2010 edition of the Hamline Law Review.

–Sharon Sandeen

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On Hiring

My law school isn’t doing any hiring this year, but I was still very interested in this posts:

Hire with Wisdom and Interview with Kindness at Center of Gravitas, and   a five part eries by Squadratomagico   1) The talk, and some missteps, 2) Appearance, 3) Demeanor, 4) Their Demeanor, and 5) Social Events.   Via Historiann. And see also.

–Ann Bartow

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Blaming a Murder Victim

The Associated Press has recently made a lot of noise about “enforcing” its copyrights on the Internet. Conveniently enough, making bloggers afraid to copy portions of AP articles into posts allows the AP to evade criticism for its unbelievably bad reporting. As an exercise of fair use, below is the entire text of this article, though I’ve omitted the photo. The paragraphs from the AP piece are indented; my comments are not.

Posted on Mon, Sep. 07, 2009
2-year-old, 3 others dead in La. murder-suicide
By DOUG SIMPSON
Associated Press Writer

A Louisiana killing spree that left four family members dead, including a 2-year-old boy, marked the bloody culmination of an ongoing domestic dispute between the suspected gunman and his estranged wife, said the father of a woman who survived the shootings.

Dennis Carter Sr. shot and killed his wife, son and 2-year-old grandson, then shot himself to death as police tried to pull over his car about 20 minutes later, Livingston Parish Sheriff’s Office Chief of Operations Perry Rushing said Sunday.

Also shot was Carter Sr.’s daughter-in-law, Amber Carter, who was six months pregnant and was in intensive care in a New Orleans hospital after giving birth to a healthy boy named Aubrey, said her father, Paul Williamson.

The “culmination” of the “ongoing dispute” was that a man shot and killed his estranged wife, who was trying to stay away from him. He also shot and killed his son and his grandson. And he shot his pregnant daughter in law, though she managed to survive. I’m thinking the “dispute” was comprised of his entire family trying to stay away from this violent creep, and with good reason.

Williamson said Carter Sr., 50, had a history of assaulting his wife, Donna Carter, and recently tried to attack her with a machete. Donna Carter had a restraining order against him that her husband had repeatedly violated.

“This had been going on for quite some time,” Williamson said. “It was one of those domestic violence things that just gets worse and worse.”

It was the MURDERER who was “getting worse and worse.” He tried to attack his estranged wife with a machete. It was clear he wanted her dead. And also that no one in law enforcement was particularly interested in trying to stop him.

A 16-month-old boy was in the house during the shootings but was not hurt. The child was related to the Carters but Rushing was not sure how.

Authorities were called to the home in Holden, about 30 miles east of Baton Rouge, around 10:30 p.m. Saturday. Donna Carter, 49, and Dennis Carter Jr., 26, were dead inside. Found outside were Amber Carter, badly hurt, and their son, 2-year-old Masson Carter, who was dead.

Rushing said it appeared Amber and Masson Carter escaped from a second-floor window but it was not clear if the gunman shot them inside or followed them outside and shot them there. Williamson said his daughter had bullet wounds in her kidney and liver, plus spinal damage sustained when she leapt from the window, probably trying to escape her father-in-law.

That poor woman.

Rushing said deputies spotted Dennis Carter Sr. about 20 minutes after the shootings driving on a highway. When they tried to pull him over, he shot and killed himself.

No comment.

“It’s very unusual to have this many victims,” Rushing said. “This is an anomaly by any stretch of the imagination.”

Sadly, it is not unusual at all, which the author of the article should well know.

In a statement released late Sunday, Stephen Alexander, a lawyer representing other family members of Carter Sr., said they were “obviously devastated by their tremendous loss and they ask that the media respect the family’s privacy during the grieving process.”

All the Carters lived at the house in Holden except Dennis Carter Sr., who used to live there but had recently moved to nearby Hammond. Williamson said Carter Jr. and wife Amber had been planning to move to another house.

It’s easy enough to understand why his family wanted him to reside elsewhere.

Williamson described the senior Carter as a semi-employed mechanic. He said Carter Jr. was a scaffold builder; Amber Carter was a secretary at North Oaks Rehabilitation Center in Hammond, where Donna Carter worked as a data entry clerk.

Rushing said that state police ballistics experts were conducting tests on a gun found in the senior Carter’s car.

Williamson said he didn’t expect to learn exactly how the killing spree transpired.

“We won’t ever know what happened inside that house,” he said.

Amber might be able to provide some details, but doesn’t sound like anyone much cares what really happened. They just want to shrug and write it off as “one of those domestic violence things.” The reporter not only doesn’t seem interested in challenging Rushing about this, but uses the entire article to prop of the narrative that this was unpreventable and partly the fault of at least one of the victims.

–Ann Bartow

ETA: Per this source:

Medical studies estimate that between 1,000 and 1,500 deaths per year in the United States are the result of murder-suicide.3 This VPC analysis reveals that in the first half of 2007:
-There were 554 murder-suicide deaths, of which 234 were suicides and 320 were homicides.
-Using these figures, nine murder-suicide events occurred in the United States each week during the study period.
-Of the 234 suicides, 218 were male, 11 were female, and five were of unidentified gender.
-Of the 320 homicides, 227 victims were female and 74 victims were male, and 19 were of an unidentified sex.
-Forty-five of the homicide victims were children and teens less than 18 years of age.
-Forty-four children and teens less than 18 years of age were survivors who witnessed some aspect of the murder-suicide.

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