The Epistemology of Law Teaching

Somehow I missed “Wake Up and Smell the Epistemology,” a thought-provoking article by Tim Clydesdale (Sociology, College of New Jersey) from the January 23, 2009 edition of The Chronicle of Higher Education (pay site – sorry- day passes available).  Professor Clydesdale argues that we need “a paradigm shift in how we approach our students that parallels the paradigm shift in the broader culture.”  Specifically, he says, college professors should understand that most students don’t arrive on campus with a desire to learn for learning’s sake, and that they are skeptical of the value of a liberal arts education.  The average student is one “who appears polite and dutiful but who cares little about the course work, the larger questions it raises, or the value of living an examined life,”  Professor Clydesdale says.   For that reason, he asks instructors “to see the two questions that the new epistemology emblazons across the front of every classroom  : ‘So what?’ and ‘Who cares?’ : and then to adjust their teaching accordingly.”

Professor Clydesdale gives this example:

Take the survey-of-dance course, offered nationwide as a way for students to satisfy fine-arts requirements. Instructors traditionally organize this course the way the discipline is structured, beginning with prehistoric dance, following with the diversity of tribal and folk dances, then moving on to the emergence of dance as high art, and so forth. All of those topics are important, mind you, but I can see students nodding off from here.

By contrast, an instructor who respected students as arbiters of knowledge in their own right might begin with the forms of dance students know or do themselves. Next, the instructor could encourage students to articulate the criteria by which they decide which dancers are better than others, and which dance forms are more appealing. From there, the instructor could demonstrate how the dance forms that students already know have evolved out of prior forms and genres, and have a dancer demonstrate evolving styles within a genre or two. Next, the instructor could take the whole class through a dancer’s workout, lest the students think good dancing requires little effort. From there, the instructor could go in a number of directions, such as introducing students to the art of choreography, showing video clips to demonstrate how different choreographers stage the same piece, and illustrating how some of the most innovative choreography is rooted in deep historical and cultural knowledge of dance.

Personally, I prefer the dentist’s chair to the dance floor, but I would look forward to such a class, and so would most students. More important, students enrolled in such a class would sharpen their analytic skills, gain a wider knowledge of dance, and develop respect for both dance and the study of dance that would stay with them for decades. Some would say this is simply good pedagogy  : I wholeheartedly agree. Good pedagogy is the product of instructors who respect, understand, and creatively engage their students.

What does any of this have to do with teaching law?  I read Professor Clydesdale’s article as an invitation to reflect on how we as law professors can make our teaching relevant to our students and to the the practice of law.  In that simple statement, many will read a political preference for teaching “skills” vs. “doctrine” (a dichotomy I have always rejected as false).  What I  mean, though, is that, as teachers, we need to continually evaluate what we teach our students and why.  For a beginning law teacher, “because it’s in the casebook” or “because my colleague has it on his syllabus” might be sufficient reason to teach particular material.  But for those of us who are a few (or more) years into teaching, those reasons no longer suffice.

We need to be intentional teachers — we need to teach what and how we teach for a reason.  Why do I include this material on my syllabus?  Why do I want the students to know it?  How is this important to their development as critical thinkers?  As lawyers?  As human beings?  Did I communicate my expectations?  Did the students meet them?  How did my teaching help or hinder meeting the expectations?

These are the things that keep me up at night….

-Bridget Crawford

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The Role of a Paper Commenter

What is the role of a paper commenter at a conference, symposium or colloquium?  The answer depends on the context.  If you’re asked to comment (whether in public or a faculty-only forum), ask the organizer what his or her expectations are.  Ask others who have served in this capacity in the same venue.  Different conferences have different vibes.  Each faculty has its own (often unspoken) norms.  If you can be intellectually honest and fit within identifiable norms, do.

With those disclaimers, here are my own reflections on a commentator’s role generally:

(1) Use the paper(s) on which you comment as an opportunity to make broad comments about issues that are of concern to all scholars.  How does the piece fit into the”big picture”of the scholarly enterprise generally?   The scholarly enterprise in the particular field?  How does the piece advance the project?  How does it link up to related questions?  Other areas of inquiry?

(2)  Constructively critique the authors’ papers.   What worked and what didn’t work in the paper?   Comments that go to big issues that an author missed, the internal logic of the arguments, the implications of the arguments, how the paper could be strengthened are all”fair game.”   Try to take the paper on its own terms.  If it is a Law & Economics piece, for example, or a feminist piece, for example, offer your critique from within the paper’s own framework.  Rarely will a paper commentary be the appropriate venue for critiquing all of Law & Economics or feminist theory generally.

(3) Try to say something both complimentary and constructively critical about the paper.   The balance depends on the paper, the personalities and the context.

(4) A commentator’s job is to up the intellectual ante of further discussion of the paper.  Offer  reasoned consideration of the strengths and weaknesses of the paper.  That requires us to point out in each other’s work what is/is  not  working, what is/is not  yet done as well as it could.

As scholars, I don’t think we make much progress by just patting each other on the back or, conversely, by tearing each other apart.   In my ideal world, we would do neither, and strike a delicate balance (easier said than done, I know).  A commenter diminishes his or her own credibility with critiques that are personal or unnecessarily unkind.  If you are wondering whether a particular comment you might want to make will cross the line, it does.

-Bridget Crawford

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LAPA Fellowships at Princeton: Deadline November 6

From the FLP mailbox, this call for applications for the prestigious LAPA Fellowships at Princeton:

The Program in Law and Public Affairs (LAPA) at Princeton University invites outstanding faculty, independent scholars, lawyers, and judges to apply for appointments as fellows for the academic year 2010–2011. Each year, through its Fellows program, LAPA brings to Princeton world-class experts on the law. Successful candidates will devote an academic year in residence at Princeton engaging in their own research and in the intellectual life of the Program.  Under exceptional circumstances, applications for only one semester in residence may be considered.

For 2010-2011 , we plan to name up to four general LAPA Fellows plus one Microsoft/LAPA Fellow who specializes in intellectual property or the economic organization of society, and one Mellon/LAPA Fellow in Law and the Humanities. Applicants to the program will be considered for all of the applicable fellowships, depending upon the applicant’s proposed research project.    Applying with a stated interest in a designated fellowship will not prejudice an applicant from being considered for one of the general fellowships and vice versa.  All fellowships are based upon the same salary calculations and carry the same   privileges and conditions.

LAPA Fellows devote the major portion of their time to their own research and writing on law-related subjects of empirical, interpretive and/or normative significance.  In addition, LAPA Fellows are expected to participate in LAPA programs, including a biweekly faculty-graduate seminar and a weekly discussion group, as well as some public events and conferences. Fellows should be in residence at Princeton at least four days a week during the academic term. They enjoy access to Firestone Library and a wide range of other activities and intellectual resources throughout the University. Some Fellows may be invited to teach a course in one of Princeton’s graduate or undergraduate programs, subject to the needs of the University, approval of the Dean of the Faculty, and the cooperation of the sponsoring academic department.

The Fellows program is open to all regardless of citizenship, but it does not support work toward the completion of a degree.  All applicants should have received a doctorate, juris doctor, or an equivalent professional degree by the beginning of the fellowship.

More information is available here.

-Bridget Crawford

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Bummin’ Brooklyn Style (or Why Minor League Baseball Doesn’t Need Cheerleaders)

photo credit: Brooklyn Cyclones

Baseball has been back in Brooklyn since 2001 when the Brooklyn Cyclones landed in Coney Island.  The team is popular; the stadium is human-scale; the players are friendly to the many kids in attendance.  I enjoyed tonight’s game, but I could do without the Beach Bums, the team’s “cheerleading” squad, pictured above.  I suppose their uniforms could be worse —  1970’s short shorts, flesh-colored fishnet stockings and Converse low-tops have a certain charm.

Unfortunately, the cheerleaders were utterly ineffective in leading cheers.  Only when a male pep squad member came along (alas, no short-shorts, no fishnets, no Converse) did the crowd seem to respond to the pleas for the ritual chant, “Let’s go, Cy-clones!”

To me, the Beach Bums were visual noise that I had to block out to better see the game, but then again, I probably don’t represent the target demographic for the hair  flipping and bum  shaking.

Oh well.  At least they wore comfy shoes.  And Brooklyn won 4-3.

-Bridget Crawford

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Law School Classroom or Meeting of the Connecticut Legislature?

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Answer here.

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Twilight: The Feminist Remix

Because stalking just isn’t a turn on.

–Ann Bartow

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First names and judicial destiny for women, at least in South Carolina…

From the ABA Journal:

Women lawyers with masculine-sounding first names have better odds of becoming a judge than their counterparts with feminine names, at least in South Carolina, according to a study by two economics researchers.

The study finds that changing a woman’s name from something feminine, such as Sue, to a gender-ambiguous name such as Kelly increased the odds of becoming a South Carolina judge by about 5 percent, the Vancouver Sun reports. Changing the name Sue to a predominantly male name such as Cameron tripled the odds of becoming a judge, and changing it to Bruce increased the odds by a factor of five.

The researchers suggest the reason for the odds may be the”Portia hypothesis,”named for the Shakespeare character who disguises herself as a man to argue a court case, according to excerpts of the study posted by the Situationist. The theory holds that those females with male-sounding names are more successful in legal careers than females with feminine-sounding names.

“When we see a masculine name, something in our subconscious is cued,” said one of the study authors, economics professor Bentley Coffey of Clemson University in South Carolina. “There seems to be a subtle sexist notion, even if it’s not gender discrimination per se,” he told the Vancouver Sun.

Coffey told the Sun that he and his wife, a lawyer, were so swayed by the study findings that they named their daughter Collins.

Coffey and research fellow Patrick McLaughlin of George Mason University put together their list of masculine-sounding female names by examining South Carolina voter records. The records showed how often a name was exclusively male and how often it was assigned to both genders, according to a preliminary copy of the study (PDF) posted by the Situationist. The researchers looked at websites and interviewed law clerks to determine which South Carolina judges are female.

Besides Bruce, Kelly and Cameron, male-sounding first names of South Carolina judges included Barney, Dale, Leslie, Jan and Rudell.

The study, published in American Law and Economics Review, is called”Do Masculine Names Help Female Lawyers Become Judges? Evidence from South Carolina.”As of November 2007, South Carolina had 156 male judges and 52 female judges, the study says. …

David S. Cohen blogged about this here previously.

–Ann Bartow

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LOC Provides On-Line Orientation to Its Website

Photo by Carol M. Highsmith

Here’s news of opportunities to learn (or learn better) how to use the on-line collections at the Library of Congress:

The Digital Reference Section (DRS) conducts a free one-hour orientation, monthly on the second Wednesday at 11 a.m. – noon, Eastern Time, via Web conference. Throughout the program, DRS staff provide opportunities to ask questions, learn strategies for online access of the materials, and sample the collections and resources provided to facilitate your research.

The next session will be Wednesday, September 9, 11:00 am -12:00 pm, EDT.

More information is available here.

-Bridget Crawford

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MAOAM

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“The other day, while doing our weekly shop, I bought for my two children, Benjamin & Ofelia, a packet pf Haribo Maoam lemon-and-lime confectionery. It was only after I was leaving the check-out that I noticed the appalling illustration on the packaging.

This consists of a lemon and a lime locked in what appears to be a carnal encounter. The lime, who I assume to be the gentleman in this coupling, has a particularly lurid and distasteful expression on his face.”

Read the rest of this Letter to the Editor here. Fox News picked up the story here. It struck me as hilarious on the first read through, but I have to admit, the package illustration is a bit odd.

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–Ann Bartow

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“A cyberbullying case in Saint Charles County, Missouri, will test a year-old state law on electronic harassment. The law makes it a felony for someone 21 years or older to communicate with someone 17 years or younger by phone or electronic means in order to recklessly frighten, intimidate, or cause emotional distress to that person.”

From CNET News:

… Elizabeth Thrasher, 40, allegedly posted a photo and personal contact details of a teenage girl in the Casual Encounters section of Craigslist during the spring. The teen reportedly received phone calls, e-mails, and text messages from strange men, prompting her to call the police.

Thrasher was then charged with the crime of cyberbullying under the statute 565-090, passed in Missouri in August 2008. Unofficially known as Megan’s law, the statute is named after 13-year-old Megan Meier who committed suicide in 2006 after being the victim of an Internet hoax set up by a schoolmate’s mother. …

This article describes the legal positions of both Thrasher and the State of Missouri on behalf of the girl she allegedly targeted for abuse.   Posting a fake profile that solicits sexual contact from men seems to be an effective way to really traumatize women.   Sadly,   it’s not clear these acts will be unambiguously illegal any time soon. One   “online freedom” advocacy organization that characterizes a telephone company’s efforts to track the comings and goings of its customers as “stalking” (see also) couldn’t seem to care less about women who are put at risk when their contact information is maliciously posted online; the malicious posters’ rights to anonymously lie, create false online profiles and orchestrate campaigns of abuse are apparently far more important than a woman’s right not to have strange men showing up at her home and place of work demanding sex.

–Ann Bartow

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Make sure your balls aren’t too big.

From here:

Fitness Balls Recalled by EB Brands Due to Fall Hazard; New Assembly Instructions Provided
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product.

Name of Product: Bally Total Fitness, Everlast, Valeo and Body Fit Fitness Balls

Units: About 3 million

Manufacturer: EB Brands, of Yonkers, New York

Hazard: An overinflated fitness ball can unexpectedly burst while in use, causing the user to fall to the floor

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“This ball is not a toy; keep out of reach of children.” Also:

BASIC GUIDELINES FOR USE
* Be sure to wear appropriate exercise clothing and footwear such as sneakers or exercise shoes.
* Remove all objects from your body (rings, watches, etc.), clothing with pins, buckles, belts, etc. and pocket contents such as keys, pens, pencils, etc. that could potentially puncture the ball during use and afterwards when stored.
* For your protection, use the ball on a padded floor material as the ball can slip on carpet surfaces or hard and waxed floor surfaces.
* Make sure you have adequate clearance in the area around the ball where you are using it. It should be a clean, level, non-slip, solid surface.
* Keep the ball away from any sharp objects, debris or direct sunlight. The ball should not be placed anywhere where it would be exposed to high temperatures or heat sources.
* Before each use inspect the ball for any damage, worn spots, cracks or foreign objects that might harm the surface. If there is any sign of damage, DO NOT attempt to use it or repair it.
* Inflate the ball only as described below. Improper inflation may cause damage to the ball.
* The ball should never be kicked.
* Make sure the valve plug is fully inserted to seal the valve closed.
* The ball should only be used indoors – the ball is not intended for outdoor use.
* Exercise balls should not be exposed to extreme variations in temperature. Do not store in extreme hot or cold environments – such as vehicles, outdoor sheds, in an attic, etc.
* Mount, dismount and change position on your ball slowly. Due to the round ball shape it could roll out from under the user with quick movements and possibly result in injury to the user.

Via, via.

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–Ann Bartow

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“The study found that women were far more likely to suffer minimum wage violations than men, with the highest prevalence among women who were illegal immigrants. Among American-born workers, African-Americans had a violation rate nearly triple that for whites.”

Those are two utterly unsurprising sentences from this depressing NYT article about how often low wage workers are cheated by their employers.

–Ann Bartow

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A Vibrating Mascara

Imagine the possibilities.

-Bridget Crawford

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“A new study conducted by Wikimedia Foundation suggests that only 13% of Wikipedia contributors are women.”

This won’t surprise anybody who actually pays attention to the climate of the editing discussions on many wikipedia pages. This blog post notes:

According to the The Wall Street Journal, the survey took place in November of last year, with results being presented last week at a conference in Buenos Aires. A total of 53,888 respondents indicated that they were Wikipedia contributors, but only 6,814 of them were women.

The research also showed that women are less likely to read articles as well, with 31% of women and 69% of men reading entries, but not writing or editing them.

The linked WSJ article reports: “Among the reasons for not contributing, many respondents cited time constraints, satisfaction with just reading entries or simply not knowing how to edit the pages. One quarter, however, said they’re afraid of making a mistake”and getting ‘in trouble’ for it.” As I have noted before, many entries on feminism have been written or edited by people who are actively hostile toward feminists, but they prevail because they seem to have a lot of free time and the few feminists who challenge their actions experience a lot of targeted hostility. Thanks to Wikipedia, the Google search generated public face of feminism is contrived by misogynists.

And even seeming innocuous information can be controversial in wikiworld. I thought about editing the entry for Siva Vaidhyanathan, because he is important and special to me as a friend as well as a scholar, but take a look at the editing discussion associated with his entry – it’s an argument about whether his sports fandom is relevant to his biography. I think it is, but don’t have any interest in arguing about it. Siva gets no say in the matter, which seems ridiculous to me because he is in the best position to decide how important sports are to his public persona.

–Ann Bartow

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Posted in Feminism and Technology, The Underrepresentation of Women | 5 Comments

The True Test of President Obama’s Commitment to Diversity on the Supreme Court

President Obama’s appointment of Justice Sonia Sotomayor to the Supreme Court this past summer was hailed as a landmark moment in Supreme Court history as Justice Sotomayor became the first Latina on the Court.   But looked at in a different light, Justice Sotomayor’s appointment just moved the Court back to where it was with respect to diversity.   From the time Justice Ginsburg joined the Court in 1993 to Justice Alito replacing Justice O’Connor in 2006, the Court had only six white males, the fewest in the Court’s history (other than when it only had five members in 1789).   Justice Alito replacing Justice O’Connor brought that number back up to seven, but Justice Sotomayor restored the previous level of diversity by replacing Justice Souter.

But now, with this morning’s speculation that Justice Stevens might be moving toward retiring this coming summer (he has apparently hired only one clerk for fall 2010 when he normally has hired all four by now), it appears that President Obama might soon have another opportunity to replace a white man on the Court.   Some argued that he had no choice but to nominate someone who was not a white man when he had to replace Justice Souter.   But now, if he gets to replace Justice Stevens this summer, whether President Obama is truly committed to diversity will show through.   Appointing another woman, and in particular another woman of color, when he doesn’t have the same kind of public pressure to do so would be a great, albeit still incomplete, step to diversifying the nation’s highest court.

– David S. Cohen

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Why Gender Still Matters

Gender still matters, judging by events of recent months, such as President Obama establishing a White House Council on Women and Girls, to make sure that all federal agencies”take into account the particular needs and concerns of women and girls”and that they”are treated fairly in all matters of public policy.”To some, this may be surprising: If we are in what some call a post-identity age, in which one’s sex, race, or ethnicity does not – or should not – matter, then why still speak about gender?   One fundamental reason to do so – as the establishment of   the White House Council suggests — is that there is still a gap between ideals of sex equality and of equal citizenship and the reality of many women’s lives. This is the central premise of   a new book that I co-edited with Joanna Grossman,   Gender Equality: Dimensions of Women’s Equal Citizenship, (Cambridge University Press), in which eminent feminist law professors, political scientists, and women’s studies scholars take stock of the progress made toward the goals of securing gender equality and the equal citizenship of women and men, and also of impediments that remain. Our book develops strategies for better securing such goals and identifies new questions, theories, and perspectives to help shape further inquiries about both gender equality and equal citizenship. As such, we hope that it will be a resource to feminist law professors and to other legal scholars teaching and writing about sex equality and issues of gender, law, and policy.

The relatively high   profile of gender issues provides a propitious teaching moment for those in the legal academy. We can explore with our students questions of gender equality and equal citizenship, whether we do so in courses on gender and law and  feminist legal theory, or in other parts of the curriculum. If, for example, political citizenship is a dimension of equal citizenship, then one area of unfinished  business is the worldwide gender gap between men and women in their representation in high office (both elected and appointed). The most recent Global Gender Gap report finds a”political empowerment gap”between men and women, measured in terms of”political decision-making at the highest levels.”   Here in the U.S., women are underrepresented on the U.S. Supreme Court, to which only three women have ever been appointed, and no more than two have ever served concurrently.  As Joanna Grossman and I argue in a recent Findlaw column (here), the nomination and confirmation of Justice Sonia Sotomayor to the Supreme Court – and her endlessly-quoted statement in a speech (“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white man who hasn’t lived that life”) — illustrated the tension between the sense of our being in a post-identity age and the sense that identity may matter deeply.

Continue reading

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List of Fellowships for Aspiring Law Professors

Here. I got my start in law teaching as an Hon. Abraham L. Freedman Graduate Teaching Fellow at Temple University’s School of Law and it was a wonderful experience. I learned how to teach in a supportive, mentor rich environment, I got an article written, and I made some terrific, long lasting friends.

–Ann Bartow

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Did Texas execute an innocent man?

Read this chilling New Yorker article about Cameron Todd Willingham to understand why this is a very real possibility. I do have to quibble with the description by one expert of a very questionable theory about arson propounded by two male investigators as”old wives’ tale.”Why is it that gratuitously referencing an “old wife” as the source an incorrect belief is supposed to make falling for it seem especially stupid?

It’s still a very powerful story, though.

–Ann Bartow

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Elizabeth R. Sheyn, “Putting an End to an Unintentional Result: Why the Requirement that Female Immigrants Receive the Gardasil Vaccine Prior to Becoming Permanent Residents Should Be Suspended”

The abstract:

This Article concerns the recent (August 2008) CDC-sponsored requirement that female immigrants to the United States receive the Gardasil vaccine prior to changing their residency status and, eventually, becoming naturalized citizens. The Article provides a background of the Gardasil vaccine including its usage and development, highlights the vaccine’s potential side-effects and other problems, and discusses potential social, economic, and constitutional issues raised by the Gardasil vaccine requirement in the immigration context. Finally, the Article argues that the requirement that female immigrants receive the Gardasil vaccine should be suspended.

Downloadable here.

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Yep, a letter is missing…

This is funny.

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All else being equal.

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From here, via Froomkin.

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Video Memorial to Deceased Porn Actors

Here.   Produced by Shelley Lubben.

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In Which the NYT Notices the Politics of Black Women’s Hair

It’s news at the NY Times this week, even if it’s not news to those who have been living these conversations for generations.  In “Black Hair: Still Tangled in Politics,” reporter Catherine Saint Louis frames the discussion this way:

“For black women, you’re damned if you do, damned if you don’t,”said Ingrid Banks, an associate professor of black studies at the  University of California at Santa Barbara.”If you’ve got straight hair, you’re pegged as selling out. If you don’t straighten your hair,”she said,”you’re seen as not practicing appropriate grooming practices.”

Anyone who thought such preconceptions were outdated would have been reminded otherwise by some negative reactions to the president’s 11-year-old daughter,  Malia Obama, who wore her hair in twists while in Rome this summer. Commenters on the conservative blog Free Republic attacked her as unfit to represent America for stepping out unstraightened.

The full NYT story is here.  Accompanying the story is this “interactive feature” — pictures and audio clips of nine African-American women discussing their hair choices.  As a teaching tool, the first-person accounts could supplement a variety of law school discussions.

Over at alienatedconclusions.com, blogger Alienated does a riff on Gloria Steinem’s 1978 essay, “If Men Could Menstruate.”  Alienated asks, “What if black women were white women?

The answer is clear – Black women would represent value, purity, and based on their natural traits; be worthy of protection and instantly become the objects of universal desire. White women would represent the opposite.

“Beauty tar potion”would become globally popular to get the”black look.”  â€œDove”would be replaced with a black soap called”Raven”to help exfoliate the skin and bring out subtle hints of melanin. * * *

Straight blond hair would be considered”wild and unruly”because when the wind blows, it does not stay in place. Women with natural straight hair would hide their”unruly”and”wild”stick-straight hair in public. The desire for”Lightweight hair”that defies gravity would permanently end the use of blow dryers. Keeping ones natural blond hair wild and straight would become indicative of a political statement.

The anti-aging properties of black female skin combined with soft curvy bodies would be proof of the overall reproductive health of black women. Scientists would argue that black women are naturally preferred as long term mates and mothers because they are”healthier.”Men’s attraction to women is based on overall  health and fertility, after all. * * *

Statistics would equate the fact that white women make up the majority with their”overpowering”and”strong”population. This would be proof that they can handle unsafe neighborhoods, as they have created a”strong culture”amongst themselves to withstand their lack of protection from predators and criminals. Statisticians would argue that men are attracted to black women innately because they make up a small percent of the population.  â€œWe tend to value what is rare”they might say.

The full post is here.

-Bridget Crawford

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When Breast Milk Production Doesn’t Fit Like a Glove With an Employer’s Schedule

Image Source: totes/Isotoner

LaNisa Allen was fired from her job at the totes/Isotoner Corporation after she took “unauthorized” bathroom breaks to pump breast milk.  Allen sued for wrongful termination, alleging that she was a victim of sex discrimination on the basis of pregnancy.  The trial court disagreed, granting summary judgment to Isotoner, finding that Ms. Allen’s termination was based on her failure to  follow company policies (against unauthorized breaks), not for any discriminatory reasons.   The appeals court affirmed the lower court’s grant of summary judgment, as did the Ohio Supreme Court yesterday in a per curiam  decison (here) in Allen v. totes/Isotoner Corp., Slip Op. No. 2009-Ohio-4231.

I have not read the trial court briefs, but aspects of the Ohio Supreme Court’s decision suggest that perhaps Ms. Allen did not have the strongest case.  Nevertheless, the court’s reasoning deserves further analysis.  In my reading, the per curiam opinion narrowly focuses on whether the breaks were authorized or not.  By implication, pumping breast milk at work is ok, as long as one pumps on a schedule set by the employer.  But human milk production does not follow a schedule set by an employer.  The court fails to address basic questions about accommodations for breast-feeding employees.

In his dissent, Justice Paul Pfeiffer  (the sole dissenter) criticized the court’s opinion:

This is the Supreme Court, and when the opportunity arises, we  should answer the questions that Ohioans need answered. In this case, we are  asked whether breastfeeding mothers can be fired from their jobs for pumping  their breasts in the workplace. That is, in its protection of pregnant workers in  R.C. 4112.01(B), did the General Assembly include protection of women who are  dealing with the aftereffects of their pregnancy? The lead opinion dodges the  opportunity to provide an answer.

-Bridget Crawford

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Posted in Employment Discrimination | 1 Comment

Jessica Hester, “Sex and Food: What Feeding Porn Tells Us About Our Moralistic, Thinness-Obsessed Culture”

Article here. I don’t agree with all of the assumptions Hester makes but it is a thought provoking piece, anyway.

–Ann Bartow

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Who Gets Preferential Treatment at University of Illinois? (From the ‘Where Are the Women’ Files)

U n i v e r s i t y o f

I L L I N O I S

Illinois Law Review, Issue 2009:4 (August 2009)

Articles

The Trouble with Twombly: A Proposed Pleading Standard for Employment Discrimination Cases

Joseph A. Seiner

Invisible Businessman: Undermining Black Enterprise with Land Use Rules

Stephen Clowney

Disclosure, Endorsement, and Identity in Social Marketing

William McGeveran

Virtue’s Domain

Ekow N. Yankah

Notes

Let’s Give Them Something to Talk About: An Empirical Evaluation of Predeliberation Discussions

Jessica L. Bregant

Mind the Gap: A Legal and Economic Analysis of Stockbroker Overtime Eligibility Under the Fair Labor Standards Act

Craig A. Cunningham

Myth of Auditor Independence

Denis A. Klimentchenko

One out of seven total pieces (a student note) is written by a woman.

-Bridget Crawford

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New Website About Men, Masculinities and Gender

Colleagues at the Violence Against Women Program of the  VicHealth & La Trobe University (Australia) Partnership have launched a new website: XY Online.  Here’s information from the site’s “About” page:

XY is a website focused on men, masculinities, and gender politics. XY is a space for the exploration of issues of gender and sexuality, the daily issues of men’s and women’s lives, and practical discussion of personal and social change.

XY is:

  • A forum for debate and discussion, including commentary on contemporary and emerging issues in gender and sexual politics;
  • A resource library or clearinghouse for key reports, manuals, and articles;
  • A toolkit for activism, personal transformation and social change.

XY features over 200 articles on key ‘men’s issues’, from fathering and men’s health to the relationships between masculinity, class, race and sexuality, to domestic violence. XY makes available key national and international guides and manuals to working with men and boys and engaging men and boys in projects of building gender equality, ending violence against women, and striving for social justice. XY also includes personal stories, book reviews, and links to related websites.

XY is intended to be comprehensive, cutting-edge, and global. XY represents one of the most substantial resources on men and gender issues on the internet. And it is one of the most well-known, and linked-to, profeminist sites in the world.

Dr Michael Flood, who coordinates the blog, is glad to hear from volunteers who would like to contribute guest blog posts.  He can be contacted at: mflood@vichealth.vic.gov.au.

-Bridget Crawford

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What Not to Wear, Religious Edition, Take 2: Supreme Court of Michigan Finalizes Attire Rule of Evidence, With Lawsuit to Follow

Back in June, I posted  an entry about the Supreme Court of Michigan’s adoption of an amendment to Michigan Rule of Evidence 611  which provides as follows:

(b) Appearance of Parties and Witnesses. The court shall exercise reasonable control over the appearance of parties and witnesses so as to (1) ensure that the demeanor of such persons may be observed and assessed by the fact-finder, and (2) to ensure the accurate identification of such persons.

As I noted at the time, the amendment was crafted after a judge dismissed a Muslim woman’s case  when she refused to comply with his order that she remove her niqab and was inconsitent with  “a pretty consistent line of precedent in this country which had established that judges are not entitled to tell witnesses what not to wear when such an order implicates religious liberty.”  Well, yesterday, the Supreme Court of Michigan  issued the order impliementing this amendment, effective September 1st. And now, the woman, along with the  Michigan chapter of the Council on American-Islamic Relations (CAIR), plans to sue the judge in federal court.  

Continue reading

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Masculine, Feminine, or Human? (or Private Parts)

In a previous blog I wrote about horsey feminism and concern with a female horse winning a major horse race. (see Bully for You, Filly For Me). In that entry I discussed the disquieting effect of anthropomorphism that brings biology-as-social-destiny thinking to the animal world. Recently it all came flashing before my eyes as I watched the hullabaloo surrounding Caster Semenya, the 18 year old South African middle distance runner who won a gold medal in the 800 meter at the 2009 World Athletics Championship. Ms. Semenya is accused of not being female, and is now undergoing “gender verification” by the International Association of Athletics Federations (IAAF). The IAAF has explained that they do not suspect “cheating” but wanted to determine if she has a “rare medical condition” which gives her an unfair advantage.

Well, this is a horse of a different color. Or is it? The emphasis on exacting physical standards reminds us that the world of elite athletics, like horse racing, is far more than just a game. The existence of regulatory boards at the local, national and international level, all vested with varying amounts of quasi legal authority, attests to its importance. Athletes become more than just individuals, but instead are representatives of a unique form of cultural production:Big Sports. As I have written elsewhere (see my paper A ‘Ho New World ), Big Sports, in its processes and prerogatives, is uniquely masculine and racialized, and is a venue where fans can act out fantasies of domination via the subordinated bodies of the athletes, whether on an individual, regional, national or international level. In the regime of Big Sports, athletes are more akin to animals: warm, breathing, performing bodies , pawns in the game to be scrutinized (“look at those shoulders!”), worshipped, rubbed and touched like totems or talismans and finally discarded as the circumstances dictate. The focus on women in Big Sports adds an entirely other dimension. Women are sometimes seen as an affront to male notions of sports performance, especially when prevailing cultural and social norms mediate for disinterest in sports participation among women. Excellent women athletes can and do raise social ire because they inhabit a domain that is fundamentally male.

So what about if a woman is not really a woman when participating in big time women’s athletics? That’s cheating, right? This raises a discussion about the gender aspects of physical performance. While many physicians and scientists would agree that males often outperform females in physical tests, what is not often enough discussed is the reliability of the physical performance tests selected in such assessments and the extent to which such outcomes are more a reflection of women’s relative lack of training. So, for instance, if men often outperform women on push-ups, this may be a result of the women’s lack of upper-body physical training rather than an innate strength advantage in men. At the end of the day, strength, like so many other capacities, falls along a spectrum in various individuals of either gender and concentrations of strength among men may be more socially rather than biologically dictated.

Yeah, yeah, you may say. How ever it is that men happen to be, on the average, stronger than women, doesn’t matter. The difference in physical performance is what causes us to divide sports activity by gender. As one of my kids says, if they didn’t, women would get blown away a lot until they catch up to male standards of training. To preserve women’s sports, we have to limit participation to only women. Only women. Uh-oh, it’s that dreaded p-word again: time for a panty check. (see my entry on Sarah Palin, “Teacher, Teacher, I Declare” for a discussion of a whole other kind of panty check:or is it?)

Determining gender is far more complex than many people imagine. If it were as simple as a panty check, a trip to the showers would suffice. Here the public seems to reduce the human to the animal, querying gender from its apparent physical aspects instead of recognizing the biochemical, psychological and sociological processes which comprise it. What is deeply troubling in the case of Caster Semenya is that regardless of the outcome of the official “gender verification”, this young woman has undoubtedly been inalterably changed by international attention not to her full human essence, or even to her full athletic essence, but rather to her private parts.

-Lolita Buckner Inniss

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

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Posted in Feminism and Culture, Feminism and Sports, Race and Racism | 3 Comments

Helen Keller and her teacher Anne Sullivan

Vitaphone newsreel from 1930. In this footage Sullivan and Keller demonstrate how Helen Keller learned to talk.

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Posted in Feminism and Culture, Feminist Legal History | 4 Comments

The Scary Spectre of Professional Identity Theft

From Inside Higher Ed:

One deleted e-mail marked the beginning of my ordeal. It was finals week, just before Christmas break, when I received a strange message asking me to comment on some kind of online political essay that I had supposedly written. Since I’m not a blogger and make it a point to avoid the many rancorous political forums on the Internet, I immediately dismissed it as spam and hit delete.

But the notes kept coming, increasing in their fervor and frequency, until I could no longer deny it: I was receiving”fan mail.”Some writers called me courageous. Others hailed me as a visionary. A few suggested that I was predestined to play a pivotal role in the apocalyptic events foretold in the Book of Revelation. (Seriously.) Now, over the past 12 years I have published a scholarly book and eight journal articles on various historical topics, but I have to admit that through it all I never even attracted one groupie. So with my curiosity very much piqued, I began an online quest in search of the mysterious article.

I suppose it was inevitable that I was not going to like what I found. There, prominently displayed on a rather extreme Web site, was an essay (information about it can be found here) that likened President Obama to … Adolf Hitler. Underneath the title was the inscription”by Tim Wood.” ….

Read the entire article. Even though it is seriously disturbing.

Via Historiann, who astutely writes:

It’s like we say out here on the open range: you’re either doing the branding or you’re getting the brand on your backside. The web has made us more knowable and more reachable–in many ways this is for the good, but on the other hand, it also makes us vulnerable to incidents like the one Wood experienced. I’ve got a blog, and I’m not afraid to use it–but who’s to say that people with blogs and their own websites won’t be spoofed too? It gives us a greater platform from which to respond to attempts at professional identity theft, and many of us have audiences that would be able to distinguish the counterfeit from our authentic voices as writers. The beauty of the world-wide non peer-reviewed internets is also teh suck, isn’t it: it’s so easy to self-publish, I just might want to publish”you,”too! Try to stop me!

–Ann Bartow

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Posted in Academia, Feminism and Technology | 1 Comment

Deborah L. Rhode, The Injustice of Appearance

INTRODUCTION
“It hurts to be beautiful”is a cliché I grew up with.”It hurts not to be beautiful”is a truth I acquired on my own. But not until finishing the research that led to this Article did I begin to grasp the cumulative cost of our cultural preoccupation with appearance. Over a century ago, Charles Darwin concluded that when it came to beauty,”[n]o excuse is needed for treating the subject in some detail.”1 That is even truer today; our global investment in appearance totals over $200 billion a year.2 Yet when it comes to discrimination based on appearance, an excuse for discussion does seem necessary, particularly for a legal scholar. Given all the serious problems confronting women:rape, domestic violence, poverty, child care, unequal pay, violations of international human rights:why focus on looks? Most people believe that bias based on beauty is inconsequential, inevitable, or unobjectionable.3

They are wrong. Conventional wisdom understates the advantages that attractiveness confers, the costs of its pursuit, and the injustices that result. Many individuals pay a substantial price in time, money, and physical health. Although discrimination based on appearance is by no means our most serious form of bias, its impact is often far more invidious than we suppose. That is not to discount the positive aspects of beauty, including the pleasure that comes from self-expression. Nor is it to underestimate the biological role of sex appeal or the health and fitness benefits that can result from actions prompted by aesthetic concerns. Rather, the goal is to expose the price we pay for undue emphasis on appearance and the strategies we need to address it.

What makes this issue so important is both our failure to address it and the unwillingness of so many legal scholars and policy makers to take that failure seriously. Of all the problems that the contemporary women’s movement has targeted, those related to appearance have shown among the least improvement. In fact, by some measures, such as the rise in cosmetic surgery and eating disorders, our preoccupation with attractiveness is getting worse. Yet many commentators see discrimination based on appearance as inevitable and inappropriate for legal prohibition.

This Article, by contrast, argues that discrimination based on appearance is a significant form of injustice, and one that the law should remedy. Part I explores the importance of appearance and the costs of discrimination on that basis. Part II develops the rationale for prohibiting such discrimination. Part III reviews the limitations of prevailing civil rights laws concerning appearance and provides the first systematic research on the small number of state, local, and international laws that explicitly prohibit some forms of discrimination based on appearance. Part IV concludes with legal, policy, and cultural strategies to reduce the price of prejudice.

1.CHARLES DARWIN, THE DESCENT OF MAN AND SELECTION IN RELATION TO SEX 578 (Robert Maynard Hutchins ed., Encyclopaedia Britannica 1952) (1871).
2.See infra Part I.D.
3.See GORDON L. PATZER, THE PHYSICAL ATTRACTIVENESS PHENOMENA 5 (1985) (discussing popular misconceptions).

Read the article here. Deborah Rhode is a fantastic Feminist Law Prof., and a bona fide shero to a lot of people, me included.

–Ann Bartow

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Where Are the Women? Texas Twofer Edition

First up:

50 SOUTH TEXAS LAW REVIEW, NO. 4, SUMMER, 2009.
Symposium: Law, Ethics, and the War on Terror. 50 S. Tex. L. Rev. 617- 974 (2009). [H][L][W]

Hansen, Victor. Understanding the role of military lawyers in the war on terror: a response to the perceived crisis in civil-military relations. 50 S. Tex. L. Rev. 617-668 (2009). [H][L][W]

Chesney, Robert M. Terrorism, criminal prosecution, and the preventive detention debate. 50 S. Tex. L. Rev. 668-715 (2009). [H][L][W]

Borch, Fred L. The historical role of military lawyers in national security trials. 50 S. Tex. L. Rev. 717-741 (2009). [H][L][W]

Guiora, Amos N. Religious extremism: a fundamental danger. 50 S. Tex. L. Rev. 743-768 (2009). [H][L][W]

Borgen, Christopher J. Hearts and minds and laws: legal compliance and diplomatic persuasion. 50 S. Tex. L. Rev. 769-787 (2009). [H][L][W]

Dunlap, Charles J., Jr., Maj. Gen., USAF. The ethical dimension of national security law. 50 S. Tex. L. Rev. 789-801 (2009). [H][L][W]

Corn, Geoffrey. The commission prosecutor: navigating uncharted ethical waters in a sea of international uncertainty. 50 S. Tex. L. Rev. 803-824 (2009). [H][L][W]

Jackson, Dick, Col. (Ret.), US Army. Restoring the law to the battlefield: the morality and ethics of the global war in terror.. 50 S. Tex. L. Rev. 825-836 (2009). [H][L][W]

Lewis, Michael W. Ethics and operational realities of the war on terror. 50 S. Tex. L. Rev. 837-844 (2009). [H][L][W]

Fidell, Eugene R. Criminal prosecution of civilian contractors by military courts. 50 S. Tex. L. Rev. 845-857 (2009). [H][L][W]

Morgan, Christopher S., Maj., USAF and Shawn D. McKelvy, Maj., USAF. The “ethical” case for trying civilian contractors under the Unifrom Code of Military Justice. 50 S. Tex. L. Rev. 859-887 (2009). [H][L][W]

Pirog, Paul E., Col., USAF. Should ethics trump the rule of law? 50 S. Tex. L. Rev. 889-896 (2009). [H][L][W]

Symposium transcript. 50 S. Tex. L. Rev. 897-974 (2009). [H][L][W]

And also…

87 TEXAS LAW REVIEW, NO. 6, MAY, 2009.

Kirsch, Michael S. The limits of administrative guidance in the interpretation of tax treaties. 87 Tex. L. Rev. 1063-1135 (2009). [H][L][W]

Tidmarsh, Jay. Rethinking adequacy of representation. 87 Tex. L. Rev. 1137-1203 (2009). [H][L][W]

Levinson, Sanford. The vanishing book review inmstudent-edited law reviews and potential responses. 87 Tex. L. Rev. 1205-1221 (2009). [H][L][W]

Falconer, Russell H. Note. Institutional rights, individual litigants: standing to sue under the Press Clause. 87 Tex. L. Rev. 1223-1248 (2009). [H][L][W]

Hackney, Ryan A. Note. Ripping holes in the dragnet: the failings of U.C.C. Section 9-204(c) as applied to consumer transactions. 87 Tex. L. Rev. 1249-1264 (2009). [H][L][W]

–Ann Bartow

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Posted in Academia, Feminism and Law, The Underrepresentation of Women | 1 Comment

Westlaw Reinstates Services to Puerto Rican Law Schools

Professor José Julián Álvarez GonzálezToday I received this update on the Westlaw situation (described here) from José Julián Álvarez González, pictured at left, Professor of Law at the University of Puerto Rico School of Law (reprinted and attributed with his permission):

After a very good and thoughtful telephone conversation with Mr. Mike Suchsland, President of West Education Group, and Mr. Chris Parton, Vice President, the Westlaw printer program has been reinstated for all Puerto Rico law schools. Both officials have promised that any future reductions in the program will be equally applicable to all law schools who currently participate in it.

Dean Aponte-Toro and myself are very satisfied with this result and wish to thank all of you who helped that our voices from this “distant ocean community” (Chief Justice Taft in Balzac v. Porto Rico, 1922) were heard. We also wish to thank Mr. Suchsland and Mr. Parton for their understanding and swift action.

-Bridget Crawford

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Posted in Law Schools, Law Teaching | 1 Comment

The WNBA’s Washington Mystic refuse to allow a KissCam beause they don’t want to show lesbians kissing.

Television shows love to show women kissing each other. The Washington Mystics, not so much.

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“Mystery Suspect in the “Obesity Epidemic””

This article at The Icarus Project asserts that there may be an under examined link between psychotropic drugs and the “obesity epidemic.” Below is an excerpt:

… The increase in the average American’s weight has paralleled the warp speed increase in use of anti-depressants, anti-anxiety drugs, and the drugs marketed as anti-psychotics. It seems astonishing in light of recent, high-profile media exposés of drug companies’ concealment of adverse effects of their products.

Psychologist David Cohen estimates that 50 million Americans — 1 in 6 Americans — take psychotropic medication, and it is unknown how many of these are taking more than one kind simultaneously. Polypharmacy, the addition of increasing numbers of such drugs in the hope that a patient’s symptoms will abate or the negative effects of earlier drugs will disappear, is increasingly common. What’s worse, a series of scandals in recent years has revealed that the U.S. Food and Drug Administration, which is charged with ensuring that only safe and effective drugs hit the market, has approved many drugs without holding the drug companies to good standards of research. One of the most common but least talked-about negative effects of a wide variety of psychotropic drugs – including many of those marketed to treat depression, anxiety, and psychosis – is weight gain, often tremendous weight gain.

–Ann Bartow

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Posted in Feminism and Medicine, Women's Health | 1 Comment

Are You a Good, Bad or Crazy Colleague?

Rate yourself here.

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The Margaret Sanger Papers Project

null

A lot gets written and said about Margaret Sanger. This NYU archive provides readers with access to her actual words. It also offers rebuttals to mischaracterizations of her views, and other information about Sanger and her work.

–Ann Bartow

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Posted in Feminism and Law, Feminist Legal History, Feminist Legal Scholarship, Reproductive Rights | 1 Comment

New York Times Magazine Publishes Special Issue on Global Women’s Rights

This Sunday’s New York Times Magazine is a special issue on international women’s rights, Why Women’s Rights Are the Cause of Our Time. The cover story, The Women’s Crusade, is adapted from a book by Times op-ed columnist Nicholas Kristof and former Times correspondent Sheryl WuDunn, Half the Sky: Turning Oppression Into Opportunity for Women Worldwide, which will be published in September. In the book, Kristof and WuDunn write that the “paramount moral challenge” of the twenty-first century is “the brutality inflicted on so many women and girls around the globe: sex trafficking, acid attacks, bride burnings and mass rape.” They write, “Yet if the injustices that women in poor countries suffer are of paramount importance, in an economic and geopolitical sense the opportunity they represent is even greater.”

The issue also includes an interview with Secretary of State Hillary Clinton by Mark Landler (which Ann Bartow has already referenced in a previous post), and other articles about women’s rights and related issues.   In addition, the Times website features an audio slide show.

-Caitlin Borgmann (cross-posted at Reproductive Rights Prof blog)

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Please Keep Your Toes Covered in Class

Give me your tired....

Over at Prawfsblawg, Bennett Capers asks (here):

Given the importance of this first impression, am I the only one that obsesses at the start of the school year about what to wear on the first day of class, down to what color tie to wear? And I’m curious. Given that professors who don’t naturally look professorial:I think you know what I mean:often have to do extra work to command respect and authority, is it mostly those professors who worry about clothing and first impressions?

At the beginning of every school year for the last 7 years, I have had some variation on this conversation with female colleagues. We discuss good, serious points about the topic and then I usually drag the conversation down to a purely petty level with a discussion my own peeve: open-toed shoes. I don’t think open-toed shoes are appropriate for the classroom. Ever. I don’t care how cute the shoes are.  I don’t care how cute the pedicure.

I have colleagues whose judgment I respect a great deal, and they tell me that open-toed shoes are perfectly professional, especially in late August/early September when it’s still very warm. So I suspect that mine is a minority view.

I have to admit gender bias here, too. I really hate seeing my male colleagues’ toes.  I don’t want to see my female colleagues’ toes, either, but a little polish goes along way to creating a visual “noise” that I can accept (if not block out) between the end of a new semester and the start of another.

So I know what I won’t be wearing on the first day of class.

-Bridget Crawford

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Posted in Bloggenpheffer, Law Teaching | 1 Comment

Westlaw Cuts Support to Law Schools in Puerto Rico

Westlaw has decided to discontinue providing free printers and associated supplies (paper, ink) to law school libraries in Puerto Rico.  Westlaw provides these to other law schools on the U.S. mainland, and did provide them to the four Puerto Rican law schools until the end of last academic year.

Why?  Supposedly because the usage levels at law schools in Puerto Rico were too high (i.e., too costly to Westlaw).  Westlaw has refused to negotiate with librarians at University of Puerto Rico Law School, who are willing to accept the per student caps on paper and ink usage that are in force at other schools.

Some law professors in Puerto Rico have vowed to stop using Thomson Reuters texts unless the company immediately changes its policy and agrees to provide services to Puerto Rico law schools on terms similar to those offered to U.S.-mainland schools.  

Law professors who assign this publisher’s texts or write for this company may be interested in this development.

-Bridget Crawford

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Dan Kahan, “Culture, Cognition, and Consent: Who Perceives What, and Why, in ‘Acquaintance Rape’ Cases” – A Request for Input

Prof. Dan Kahan has written a paper that reports the results of an experimental study of perceptions of consent and other facts in a hypothetical date rape case (patterned closely on Commonwealth v. Berkowitz [court stated that the legislature intended the term forcible compulsion to mean”something more than a lack of consent”]) and the impact of various legal standards on how mock jurors of diverse backgrounds would decide such a case. The paper is in draft form, and he is very interested in comments, suggestions and criticisms from a law and feminism perspective. The abstract is as follows:

This paper uses the theory of cultural cognition to examine the debate over rape-law reform. Cultural cognition refers to the tendency of individuals to conform their perceptions of legally consequential facts to their defining group commitments. Results of an original experimental study (N = 1,500) confirmed the impact of cultural cognition on perceptions of fact in a controversial acquaintance-rape case. The major finding was that a hierarchical worldview, as opposed to an egalitarian one, inclined individuals to perceive that the defendant reasonably understood the complainant as consenting to sex despite her repeated verbal objections. The effect of hierarchy in inclining subjects to favor acquittal was greatest among women; this finding was consistent with the hypothesis that hierarchical women have a distinctive interest in stigmatizing rape complainants whose behavior deviates from hierarchical gender norms. The study also found that cultural predispositions have a much larger impact on outcome judgments than do legal definitions, variations in which had either no or a small impact on the likelihood subjects would support or oppose conviction. The paper links date-rape reform to a class of controversies in law that reflect symbolic status competition between opposing cultural groups, and addresses the normative implications of this conclusion.

The draft paper can be downloaded here. His contact information is here, if you have suggestions about the draft.

For anyone interested, a ruling in a case that followed Commonwealth v. Berkowitz can be read here; the facts are recounted in fairly graphic detail.

–Ann Bartow

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Posted in Academia, Acts of Violence, Coerced Sex, Feminism and Law, Feminists in Academia | 1 Comment

LatCrit XIV Scholarship Conference and SALT/LatCrit Annual Faculty Development Workshop Preliminary Program Released

The full preliminary program for the 14th Annual Latino/a Critical Legal Theory Conference – LatCrit XIV, hosted by the American University Washington College of Law from October 1 – 4, 2009 has been released.   It is here.

Our conference theme,”Outsiders Inside – Critical Outsider Theory and Praxis in the Policymaking of the New American Regime,”generated a tremendous response and we look forward to hosting the largest LatCrit conference to date.   Thanks to the 145+ colleagues who submitted panel, roundtable and work-in-progress proposals, the conference promises to be a rich, engaging and topical one, with many events likely to appeal to feminist law profs and those interested in international/comparative, immigration, administrative, antidiscrimination, sexuality and gender, criminal, media/communications, and civil and human rights law.   Very exciting VIP keynote announcements to come, but confirmed plenary speakers already include American Constitution Society executive director Caroline Fredrickson, EEOC Commissioner Christine Griffin, GLAAD president Jarrett Barrios, Raben Group president and former assistant attorney general for legislative affairs Robert Raben, and Fordham Law School professor Tanya Hernandez – who will be serving as our Culp Lecturer.

The conference hotel is selling out quickly, and the early bird discount deadline (Labor Day) is fast approaching.   Registration information is here.   Detailed information on the conference theme is in the call for papers here, but the deadline for proposals is long past and we can accommodate no more panels, roundtables or work-in-progress colloquia, although there are always opportunities for attendees not in the program as speakers to take active, engaged and visible roles at the conference.

-Tony Varona

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Women have always outnumbered men in college;”Womyn”and”waitperson”have always been in the dictionary.

Those are two excerpts from The Beloit College Mindset List for the Class of 2013.

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Posted in Academia, Feminist Legal History | 1 Comment

Kate Harding on Cyberbullying

Via The Guardian. Here is the first paragraph:

This week, a New York state supreme court judge ruled that Google (owners of Blogger.com) must turn over the electronic identity of an anonymous blogger who repeatedly attacked New York model Liskula Cohen, calling her “a psychotic, lying, whoring … skank”, among other things, on a blog titled “Skanks in NYC”. Because Cohen has grounds to sue the blogger for defamation, the court ordered Google to cough up a name to allow her to fill in the “defendant” blank. Naturally, this has some of the more libertarian-minded among us crying, “Censorship!” and “What about freedom of speech?” and “Will they be coming for my anonymous blog next?”

–Ann Bartow

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Posted in Feminism and Law, Feminism and Technology | 1 Comment

Call for Articles and Essays: Recent Developments in New York Law

From the student editors at my home institution’s law review:

Call for Articles and Essays:  Recent Developments in New York Law

Proposals due October 1, 2009.

The editors of  Pace Law  Review invite proposals from scholars, researchers, practitioners, and professionals for contributions to our second annual issue addressing recent developments in New York law to be published in Spring 2010.

This issue will explore a wide range of recent developments in the laws of New York State, including but not limited to areas of criminal law, civil litigation, family law, property law, constitutional law, tax law, bankruptcy law, and municipal law.  Authors may also discuss proposed changes to New York law, at the state or local level.

Please submit proposals of no more than 500 words by attachment to  plr@law.pace.edu by October 1, 2009.  All proposals should include the intended author’s name, title, institutional affiliation, contact information, and should relate to an area of New York State law.   Authors are also welcome, but not required, to submit a CV.  We expect to make publication offers by October 8. We encourage clear, concise, and accessible writing that will be of use to lawmakers, attorneys, and students.

Completed manuscripts will be due November 24, 2009.

-Bridget Crawford

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Mentoring Tip

Do not teach in these pants.

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Posted in Academia, Bloggenpheffer | 5 Comments

Has the Department of Education’s Office for Civil Rights put universities on notice that indifference to online harassment could result in liability under Title IX?

From the Title IX Blog:

… The Department of Education addressed for the first time whether schools could violate Title IX by failing to respond appropriately to sexual harassment on-line, according to advocacy group Security On Campus.

The agency was adjudicating charges that Hofstra University did not adequately protect a female student from sexual assault that followed a barrage of sexual harassing comments about her on a now-defunct gossip website called Juicy Campus. Though the agency did not find sufficient facts to determine that Hofstra was deliberately indifferent to the harassment the student was facing, it did emphasize that schools have the same responsibility to respond to internet harassment as it does to harassment that is spoken or posted on the physical campus. …

But see this article in the Chron, which reports:

The nonprofit group Security on Campus issued a news release this week about a U.S. Department of Education ruling that it said held institutions responsible under Title IX for responding to sexual harassment on the Internet. But the department says the ruling does not have those implications.

The ruling came out of the department’s Office for Civil Rights in New York, which investigated Hofstra University, after a student complained the institution did not “appropriately address” her complaints about peers who made sexually explicit and sexist comments about her on the now-defunct gossip Web site JuicyCampus.

According to a letter sent to the student’s lawyer, Wendy Murphy, who is also a board member of the nonprofit, the office had “jurisdictional authority to investigate this complaint under Title IX,” but found “insufficient evidence to conclude that the university failed to respond appropriately.”

Ms. Murphy said the ruling indicated institutions could be similarly investigated or held responsible for violations of Title IX or sexual harassment on the Internet in the future.

Jim Bradshaw, a representative from the Office for Civil Rights, said the office “would not characterize this as a “landmark ruling.”   He said the office found insufficient evidence of a violation of Title IX, and the findings should not be “interpreted beyond those parameters.”

Did Security on Campus get it wrong, or did the Dept of Ed’s OCR change its mind?

–Ann Bartow

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Posted in Academia, Feminism and Law | 2 Comments

Test Everybody or Test Nobody

Athletics is one area where legally enforced gender binaries *may* be a necessary evil, if women’s athletics is to survive. But even if this is true, the evil needs to be minimized as much as possible. Requiring people to submit to gender tests because they are fast or strong or not adequately feminine looking, as apparently is the case here (see also, see also) (based on the linked accounts only), is just reprehensible.

(I say *may* be a necessary evil because I’m still trying to understand all the complexities involved. Maybe gender binaries could be eliminated without reducing the athletic scholarship or career opportunities that are available to women. It would be nice if that was possible. I don’t know if it is.)

–Ann Bartow

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Posted in Feminism and Sports | Comments Off on Test Everybody or Test Nobody

“The Terrible Bargain We Have Regretfully Struck”

That is the title of a brilliant post by Melissa McEwan at Shakesville, here. And there is a follow up here.

–Ann Bartow

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Posted in Feminism and Culture | 1 Comment