If you can’t see the blogroll or admin links, it’s because you are using Internet Explorer. Try the Firefox browser!

Will try to correct whatever is wrong, but meanwhile the blog looks just fine with Firefox…

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The Vermont State Flag

 

 

The words on the Vermont state flag?  “Freedom and Unity.”  Beautiful.

-Bridget Crawford

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Vermont Legalizes Same-Sex Marriage

News flash: The Vermont legislature today overrode Governor Douglas’s veto by a wide margin in the state senate and with just enough votes in the state house. This now makes Vermont the fourth state to recognize same-sex marriages (joining Massachusetts, Connecticut, and Iowa). This is also the first time that a state has recognized same-sex marriage through the passage of a law enacted by the state legislature without the compulsion of a state court decision.

-Tony Infanti

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Race, gender, customer preferences and BFOQs

In Pleener v. NYC Board of Education, ___F.3d___ (2d Cir. Feb. 24, 2009), the Second Circuit affirmed that   an employer may never make an employment decision based upon the preferences of clients or customers, because race is never a BFOQ (Bona Fide Occupational Qualification). In holding that the plaintiff, a school principal, failed to establish that she was removed from his position because of the alleged race based preferences of the community, the court explained:

We agree that federal law does not permit an employer to discriminate based on race to accommodate the actual or perceived invidious biases of its clientele. See Knight v. Nassau County Civil Serv. Comm’n, 649 F.2d 157, 162 (2d Cir. 1981) (noting that”Congress specifically excluded race from the list of permissible bona fide occupational qualifications”); 29 C.F.R. § 1604.2(a)(1)(iii) (providing that bona fide   occupational qualification exception does not generally apply to”refusal to hire an individual   because of the preferences of coworkers, the employer, clients or customers”).

The lower court’s opinion explains the complicated factual background of the case. Spotted it via Adjunct Law Prof blog, which mistakenly characterizes the plaintiff as a “he.” Gender can’t be a BFOQ based on customer preference either (but see this article), but can be for “privacy” reasons, see e.g. this article.

–Ann Bartow

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Moss and Huang on “How the New Economics Can Improve Discrimination Law, and How Economics Can Survive the Demise of the ‘Rational Actor'”

Feminist Law Professor Scott Moss (Colorado) and Peter H. Huang (Temple) have posted to SSRN their article, “How the New Economics Can Improve Discrimination Law, and How Economics Can Survive the Demise of the ‘Rational Actor.'” Here is a portion of the abstract:

Much employment discrimination law is premised on a purely money-focused “reasonable” employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of “rational” actor populated older economic models but has been since modified by behavioral economics and research on happiness. Behavioral and traditional economists alike have analyzed broad employment policies, such as the wisdom of discrimination statutes, but the devil is in the details of employment law, and on critical damages-and-liability issues the Supreme Court and litigators face regularly, the law essentially ignores the lessons of behavioral economics and the affective sciences.    * * *

This Article also analyzes broad implications of behavioral and happiness research for law and economics:  

(1) Do behavioral and happiness adjustments to a rational actor model make economics indeterminate? Economics still can yield useful legal analyses, but likely narrower ones (e.g., improving individual, micro-level determinations of damages and reasonable behavior) than past economic analyses of macro-level issues like whether all discrimination law is “efficient.”  

(2) Psychologically informed economics often prescribes regulation of markets; when is such regulation worth the transaction costs and incentive distortions? More complex rules, like those this Article prescribes, are more worth the cost in higher-stakes, less-repeated transactions like employment than in lower-stakes, often-repeated transactions like consumer purchases.  

(3) Should courts rely on these new findings or instead disclaim reliance on any social science because new research often displaces prior findings? In employment cases, courts must assess make-whole damages and employee reasonableness, so they cannot avoid some conception of well-being and cognition – and even imperfect new findings beat disproven, too-narrow “rationality” assumptions.  

This Article thus offers a half-full/half-empty assessment of the usefulness of economics, and of behavioral and happiness research, to law. It sounds a cautionary note against using social science to assess grand legal policies, but a hopeful note that such research can improve decisionmaking by judges, firms, and individuals.

The full paper is available here.

-Bridget Crawford

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A Pole-Dancing Mother of 14: Performing Gender (Topless)

The Boston Herald reports here that Nadya Suleman, the California mother of octuplets, performed once in a topless club:

Back when she was 18, Suleman was in an”investigative”stage of her life and thought she’d try out exotic dancing.

“I had not even kissed a boy. But I entered a dance/lingerie contest in a club near my home. I danced and paraded in lingerie,”she told a close pal.

“Then, when I was 19, I went to a gentleman’s club and performed as a topless dancer. But I only did it one night. I quit when I found out I was expected to perform lap dances on the customers.”

That’s totally believable.

What is the point of this “news”?  To what and how is 1 night as a topless dancer relevant?  Why is the media (and the news-consuming public) still obsessed with Nadya Suleman?  In their article Eight is Enough  Naomi Cahn  and Jennifer Collins explore the “cultural backlash” against Suleman and the concerns that critics have raised about reproductive medicine.  In  our paper  Multiple Anxieties: Breaching Race, Class and Gender Norms With Assisted Reproduction,  Lolita Bucker Inniss and I argue that some of the criticism of  Suleman arises out of a racialized, class-codified view of motherhood.

The “news” that Nadya Suleman entered a lingerie contest and performed once as a topless performer serves to solidify the view that she is a low-class attention-seeker.  According to this narrative, a woman who puts her body on display (in a lingerie contest, as a topless performer or as a mother of 14) is somehow less deserving than a woman who keeps her privates private.  As Kate Harding at Broadsheet wrote (and echoed by Ann here),  â€œ[w]hatever you think Suleman’s choices say about her, I know I’m a whole lot more disturbed by what the cruel, bigoted, violent responses to those choices say about our society.”  Hear that.

-Bridget Crawford

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More Politics of Abortion: A Defense of Prof. Dawn Johnsen

Over at Balkinization, Andrew Koppelman writes:

Dawn Johnsen, President Obama’s nominee to head the Office of Legal Counsel, has been accused of misrepresenting a position she took in litigation, and I have been cited as authority against Prof. Johnsen. On this basis, Republican senators are considering a filibuster against the nomination.

The accusation is false, and the reliance on my writings distorts what I wrote. Yesterday I faxed a letter to Senator Arlen Specter, who has indicated that he is troubled by these accusations, to set the record straight.

Props to Koppelman. Read his letter to Specter here. Koppelman further notes:

When questioned about the brief, Prof. Johnsen correctly denied ever making a Thirteenth Amendment argument. This led many writers in the blogosphere, most prominently columnist Andy McCarthy at National Review Online, to repeatedly accuse her of misrepresenting her position. These claims are recklessly irresponsible. Prof. Johnsen is being libeled.

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CFP: Special Issue of the International Feminist Journal of Politics: New Directions in Feminism and Human Rights.

International Feminist Journal of Politics seeks manuscripts for a special issue on new directions in feminism and human rights. We invite manuscripts that capture the invocation of human rights strategies and discourses by feminist advocates, activists and grassroots movements for politically radical ends as well as manuscripts that offer new critiques and challenges of human rights practices in struggles for justice. We are especially interested in manuscripts that engage with both new and longstanding conceptions of human rights as individual, imperial and state-centric by foregrounding transnational feminist mobilizations of human rights.

The call should be interpreted as openly as possible. We encourage papers that discuss innovative uses of human rights that engage with, but are not limited to, the following analytical categories and themes:

Anti-racist human rights struggles * Indigenous women and sovereignty * Global struggles for rights to water, land, and other natural resources * Transnational feminist advocacy * Media and cultural expression * Sexual politics of human rights *”Human rights cities”* Reproductive rights and access to health care * Militarization, violence, and gendered (in)security * Feminist translations of international law into local justice * Prison abolition movements * Feminist democratization and the UN * Queering human rights * Gendering social, economic, and cultural rights *

Submissions for this special issue must focus on the praxis of feminist and other gender oriented movements and should promote cross-disciplinary conversations. We invite a range of different formats including academic pieces, testimonials from activists and practitioners, poetry, and film/book reviews. Please see the journal’s Instructions for Contributors for details concerning submissions, preparation of copy, references and style. Full-length critical essays/articles should not exceed 8,000 words. Testimonial   accounts, book/film reviews, and other creative submissions, such as poetry, should not exceed 3000 words. Submissions should be sent by 1 August 2009 to to IFjP home base office (ifjp@yorku.ca), with a covering note specifying it is for consideration in the special issue on New Directions in Feminism and Human Rights. Please direct any other queries about the Call for Papers to the Guest Editors:

Dr. Dana Collins
CSU Fullerton
Sociology Dept.
P.O. Box 6846
Fullerton, CA 92834
dcollins@fullerton.edu

Dr. Sylvanna Falcón
UC Riverside
Women’s Studies
2033 CHASS Bldg.
Riverside, CA 92521
sylvanna@ucr.edu

Dr. Sharmila Lodhia
Santa Clara University
Political Science Dept.
500 El Camino Real
Santa Clara, CA 95053
slodhia@scu.edu

Dr. Molly Talcott
Arizona State University
Division of Social &
Behavioral Sciences
P.O. Box 37100
Phoenix, AZ 85069
Molly.Talcott@asu.edu

Please visit the IFjP website.

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Goofy but cute.

Via.

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Posted in Feminism and Culture | 1 Comment

Ricks Appointed to Philadelphia Commission on Human Relations

Via the Legal Writing Prof Blog (here), good news about Feminist Law Prof Sarah Ricks:

Professor Sarah Ricks of Rutgers School of Law-Camden has been appointed by the mayor of Philadelphia to serve on the Philadelphia Commission on Human Relations.   The Commission enforces the City’s very broad antidiscrimination ordinance and also has a public education role.  

Sarah resides in Philadelphia and is a Clinical Professor and Co-Director of the Pro Bono Research Project at Rutgers School of Law-Camden.   She teaches Civil Rights, Advanced Legal Writing, Public Interest Legal Research, and Legal Analysis, Writing, and Research.  

She has been congratulated by Mayor Nutter of Philadelphia, by Dean Raymon Solomon and her colleagues at Rutgers-Camden, and now by the national and international legal writing community

Sarah is also the author of a forthcoming book called  Current Issues in Constitutional Litigation: Roles of the Courts, Attorneys, and Administrators.

Sarah joins Feminist Law Prof Regina Austin (Penn)  (blogged  here), among others, as a member of the Commission.  Kudos, Sarah!

-Bridget Crawford

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Ricks and Litman Elected to ALI

Jessica Litman  

 

Sara Ricks

Jessica Litman

Jessica Litman

Feminist Law Profs Sarah Ricks (Rutgers-Camden) and Jessica Litman (Michigan) have been elected to the American Law Institute.  Sarah and Jessica join several other Feminist Law Profs who were elected earlier this academic year (blogged  here).

Here’s a bit of the history of the ALI (from here):

There is no other association in the United States like The American Law Institute. It was founded in 1923 following a study by a group of prominent American judges, lawyers, and teachers, who sought to address the uncertain and complex nature of early 20th-century American law. According to the “Committee on the Establishment of a Permanent Organization for the Improvement of the Law,” part of the law’s uncertainty stemmed from the lack of agreement on fundamental principles of the common-law system, while the law’s complexity was attributed to the numerous variations within different jurisdictions.

The Committee recommended that a perpetual society be formed to improve the law and the administration of justice in a scholarly and scientific manner. Thus was established our unique organization dedicated to legal research and reform. Its early leaders included such luminaries as Judges Benjamin Cardozo and Learned Hand.

Other new ALI members include fellow blogger Orin Kerr (GW + Volokh Conspiracy).

Congratulations to all!

-Bridget Crawford

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Run Like A Mother!

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The phrase “Run Like A Mother” adorned the tee shirts of a number of the women who ran the Cooper River Bridge Run yesterday with me and tens   of thousands of other people. Here are pictures of the crowd massed behind the starting line, can you spot me?

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Here are the elite runners, who got to start at the head of the line:

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Amane Gobena, a 26-year-old Ethiopian woman, won the women’s title with a time of 32 minutes. Tilahun Regassa, a fellow Ethiopian, won the men’s title in 28 minutes and 24 seconds.

The weather was wonderful,   everybody was friendly and nice, and it was a terrific experience.  One man had a tee shirt that said, “Not My Idea of A Fun Family Reunion” but he did actually seem to be enjoying himself, despite the fact that his cousins and children left him in the dust. One running club had tops that asked: “Does this shirt make my butt look fast?”

Driving into Charleston the night before, when I first glimpsed the Ravenel Bridge, my heart actually lurched.

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You can’t really tell from the picture, but the Ravel Bridge, longest single span bridge in North America, is quite sloped. This means that crossing it during the race requires running uphill for about a mile and a half, and then back down for same. I was a little nervous about how I’d do, but as we got near the crest, people around me began chanting “We’re almost there! We’re almost there!” which lifted both my spirits and my feet. I ran the whole race as hard as I could, but it was difficult to pass given the crowded conditions, especially during the first and final miles. Every time I’d see an opening ahead of me, someone else would see it too, and we’d bonk into each other, then apologize. By the time we finished assuring the other we were unharmed, the space would have closed up again. Still, I turned in a chip time of 1:02:06, which all things considered I’m pretty proud of. Hope to beat it next year, though.

–Ann Bartow

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Now Comes Iowa – A Distinctly Mid-Western Approach to Marriage Equality

Friday the Iowa Supreme Court held unanimously that iowa-sealthe state’s definition of marriage – a union of a man and a woman – violated the Iowa Constitution’s Equal Protection Clause.   This is the first court to do so unanimously, and the first mid-western court to do so.   No more can marriage traditionalists dismiss the idea of marriage equality as an elitist liberalism emanating from the People’s Republic of Massachusetts, the liberal sodom of Connecticut, or the Gomorrah of California.   No, we’ve got Iowa now – a rectangular state smack dab in the middle of the country, with the state motto:   “Our liberties we prize, and our rights we will maintain.”   You bet ‘cha.

I’ve got many thoughts about the ruling in Varnum v. Brien – here are some initial takes.   My critique of Justice Cady’s reasoning from the perspective of queer theory will follow later.

There’s no missing the midwestern tone to this decision.   It reads very differently from the decisions granting marriage rights in Connecticut and California.   Coming from the mid-west myself, I recognized its ethos as characteristically workman-like – what I call “lunch-box lawyering” – no fancy language, it’s straightforward, accessible to the regular person, and its rightness speaks for itself.   Justice Mark Cady, who wrote the opinion for the entire court, stays clear of soaring language about civil rights, about the dignity of gay men and lesbians, or about the sanctity of marriage as a fundamental building block of society.   The opinion reads like a brief that one of my best students might have written in a moot court competition.   Solid, clear, step by step.   As I said to Nan Hunter in an e-mail about the opinion: “Every i is dotted, every t is crossed.  In the end they conclude that ‘gay people are Iowans too – and heck, that’s good enough for us.’   Not the stuff of queer theory, but then it’s the Iowa Supreme Court, gosh dern it.”   After all, look at the plaintiffs:

gay-iowans

These are regular folks who do the dishes, go to church, work to pay their mortgages, love their kids – just like straight Iowans.   Indeed, that is what the Iowa Supreme court found, over and over, “Like other Iowans, they (the gay and lesbian plaintiffs) prize their liberties and live within the borders of this state with the expectation that their rights will be maintained and protected – a belief embraced by our state motto.”   Later the court goes to great pains to point out that the gay plaintiffs are in committed and loving relationships, many raising families, wanting the state to recognize the importance of their relationships and desiring the stability that recognition entails just like regular heterosexual Iowans.

The court also makes every effort to situate the marriage case within the context of local Iowan values.   Whether it was a refusal to recognize the legitimacy of slavery in 1839, a recognition that racial segregation violated the Iowa Constitution in 1873 long before the U.S. Supreme Court did in 1954, or being the first state to grant women the right to practice law in 1869, Iowans have had their own strong sense of justice and fairness, and as the court noted, “in each of these instances, our state approached a fork in the road toward fulfillment of our constitution’s ideals and reaffirmed the ‘absolute equality of all’ persons before the law as ‘the very foundation principle of our government.'”

What they’re saying here is this: don’t think we’re doing this because of some carpet-bagging gay rights lawyers from Lambda Legal in New York – we’re just taking the next step in a road that is distinctly local and Iowan.   Iowans have never stood for unfairness – even when others did – and we won’t now.   This isn’t a culture war – it’s what good people should do.

This is Iowa – the wild_prairie_rosestate with the not-too-flashy Eastern Goldfinch as its state bird, and the dependable Oak as its state tree.   No camelia (Alabama – too smelly), poppy (California – of course), or eastern white pine tassel and cone (Maine – sounds gay to me) for Iowa’s state flower.   They’re happy with the wild prairie rose (pictured left).   And if god-loving gay people want to get married, then it seems only fair that we should let ’em.

In this may lie the decision’s greatest value – bringing the issue to the middle part of the country in terms that are distinctly mid-western.

– Katherine Franke, cross posted from Gender and Sexuality Law Blog

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Coalition of Women’s Initiatives in Law Firms

Representatives from 30+ law firms in Chicago have formed the Coalition of Women’s Initiatives in Law Firms:

The Coalition of Women’s Initiatives in Law Firms is a non-profit membership association bringing together women’s initiatives in law firms of all sizes across the Chicago area. Our goal is to promote a dialogue and support network among women in these programs, further their career advancement and professional development, and help fuel the continued growth of women’s initiatives.

The group’s website is here.   The member list includes big firms such as Baker & MacKenzie, McDermott Will & Emery, LLP and Sonnenschein Nath & Rosenthal LLP and others (the full list is here). The group sponsors programs of interest to lawyers at the member firms, but operates through a delegate system:

There is at least one, if not more, special event per year that is open to all women attorneys at the member firms. Due to space considerations, however, regular programming events are open only to the main delegates or alternate delegates and occasionally an invited guest.

Delegates are the ones who “represent their law firm women’s initiative at Coalition events and meetings” and populate committees (see FAQs here).

I will confess that upon reading the group’s website, my first thought was, “Just another box to check or group to join so the firm can put the membership in the recruiting brochures.”   I am not proud of this cynical response on my part.   I want these women’s groups to raise awareness of diversity issues, provide women with opportunities for networking, have real impact on the legal profession. (And, hey, what’s the delegate system all about?   Replacing the boys’ club with the girls’ club?   Ho-hum.)

I can’t help thinking that the legal profession isn’t going to change very much very soon.   The model of success — Am Law 100-style — is profits per partner, which means hours billed (usually), which means 2200+ hours a year, which means it’s mighty darn hard to have a life outside of the firm (go grocery shopping, do laundry, walk pets, spend time with family or friends, care for children or aging parents, read a book, smell the flowers, etc.).   Can a coalition of women’s initiatives change the male model?   I hope so, but I’m not hopeful.

-Bridget Crawford

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Role Model Moms in Academia

From the Chronicle of Higher Education (here):

Role models, particularly ones with children, can make the difference in whether a female graduate student takes the next big step along the tenure track. While undergraduates are influenced simply by seeing a female faculty member, graduate students need to see that she is able to have children as well as a career.

Clearly, they’ve never seen me trying to get my kids out the door in the morning…

-Leigh Goodmark

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Religion and Same-Sex Marriage

Aside from the unanimity of the opinion, for me, the most interesting part of the Iowa Supreme Court’s decision in Varnum v. Brien yesterday is its forthright discussion of religious opposition to same-sex marriage and the role that it plays in cases involving lesbians and gay men. As the court correctly notes, “[w]hile unexpressed, religious sentiment most likely motivates many, if  not most, opponents of same-sex civil marriage and perhaps even shapes the  views of those people who may accept gay and lesbian unions but find the  notion of same-sex marriage unsettling.” The court then goes out of its way to address precisely why religious beliefs should play no part in its decision.  

The court first notes that religious objections to same-sex marriage are often based on arguments of tradition and biblical interpretation. Yet, “[t]he belief that the ‘sanctity of marriage’ would be  undermined by the inclusion of gay and lesbian couples bears a striking  conceptual resemblance to the expressed secular rationale for maintaining  the tradition of marriage as a union between dual-gender couples, but better  identifies the source of the opposition.” In effect, the court unmasks the secular argument about retaining the “traditional” definition of marriage as no more than a disguised religious argument: “Whether expressly or impliedly,  much of society rejects same-sex marriage due to sincere, deeply ingrained:even fundamental:religious belief.”

After acknowledging this religious opposition to same-sex marriage and its role in the debates over same-sex marriage, the court complicated the picture by acknowledging that other groups “have strong religious views that yield the opposite conclusion,” as they do recognize same-sex marriage. Depicting this as a religious difference of opinion, the court made it clear that its role is actually to ensure that the government stays out of this religious dispute:

Our constitution does not permit any branch of government  to resolve these types of religious debates and entrusts to courts the task of  ensuring government avoids them.   See Iowa Const. art. I, § 3 (“The general  assembly shall make no law respecting an establishment of religion . . . .”).

To pacify those who might be upset at the court’s refusal to enshrine certain religious groups’ views of marriage in the law, the court then drew a sharp distinction between civil and religious marriage. The court underscored that its decision relates only to civil marriage and does not affect religious definitions of marriage, leaving it to each religion to decide which marriages it will solemnize. The court’s task, it said, was simply to apply the constitutional guarantee of equal protection of the law to the exclusion of same-sex couples from civil marriage.

But, by speaking in terms of the establishment of religion, the court made an important rhetorical move, however obliquely. The court shifted the discussion away from the usual framing of arguments about same-sex marriage, which tend to focus on the effects of same-sex marriage on heterosexuals. This framing is epitomized by the labels applied to legislation and constitutional amendments designed to exclude same-sex couples from marriage; these measures are routinely called “defense of marriage” acts and “marriage protection” amendments, by their  proponents and opponents alike. This rhetoric paints lesbians and gay men as aggressors and heterosexuals as victims.  The Iowa Supreme Court makes it clear in this section of its opinion, though, that just as the religious beliefs of those who oppose same-sex marriage must be respected by the government, so must the government respect the right of those who do not subscribe to those beliefs to be free of them. In other words, one person’s religious beliefs–no matter how sincere or strongly held–should play no role in determining another’s constitutional rights. At least implicitly, the court is saying that this case–and the whole debate over same-sex marriage and lesbian and gay rights–is about the real, tangible effects of discrimination on sexual minorities, and not the effect of eradicating discrimination on the heterosexual majority.

-Tony Infanti

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Posted in LGBT Rights | 4 Comments

Elizabeth Bartholet Critiques Save the Children

Harvard Law Professor Elizabeth Bartholet has spoken against the decision of a court in Malawi denying Madonna’s request to adopt a child there:

Spokesman for Save the Children, UK, Dominic Nutt, says that Mercy and other children in her position should remain in a Malawi orphanage. For no better reason than that these children may have living relatives, he believes that they should always remain in their original communities. Unfortunately, Nutt ignores the fact that these children’s presence in an orphanage is the surest indication that their relatives are deceased or, if alive, unable to care for them.

The usual justification for Save the Children’s approach is that children who remain in their country of origin can enjoy their racial, ethnic and national heritage. But children doomed to grow up in orphanages or on the streets cannot expect to enjoy their cultural heritage in any meaningful way. And the real choice today for most existing homeless children in most of the countries of the world  is between life – and often death – in orphanages or on the streets in their home country and, for a lucky few, life in an adoptive home abroad.  Research on children who started their early life in orphanages demonstrates vividly the damage such institutions do.

International Adoption has come under fire recently from UNICEF and others who share Save the Children’s views. But International Adoption provides children the possibility of finding the permanent nurturing homes they need to thrive, homes that are typically simply not available in their countries of origin. And International Adoption is completely consistent with other positive social responses to the problems of unparented children, bringing new resources into poor countries to support such efforts, and developing new awareness of and concern for the plight of poor children and poor communities worldwide.

Professor Bartholet’s full statement is here.

-Bridget Crawford

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Robson on Iowa Ruling

Feminist Law Prof Ruthann Robson (CUNY) has an excellent analysis of the Iowa same-sex marriage case here at Constitutional Law Prof blog.

-Bridget Crawford

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This one is going to be controversial: “Worst Instincts: Cowardice, Conformity, and the ACLU” by Wendy Kaminer

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Product Description
What happens when an organization with the express goal of defending individual rights and liberties starts silencing its own board? Lawyer and social critic Wendy Kaminer has intimate knowledge of such a conflict between individual conscience and group solidarity. In this concise and provocative book, she tells an inside story of the dramatic ethical decline of the American Civil Liberties Union, using it as a case history to detail the many vices of association. In Worst Instincts Kaminer calls on her experience as a dissident member of the ACLU national board to discuss the virtues of dissent itself as an essential tool for preserving the moral character of any group. If an organization committed to free speech can suffer from pressure to suppress differing opinions, and disregard for truth, this pressure must surely be rampant in other associations and corporations, as well as government. Kaminer clarifies the common thread linking a continuum of minor failures and major disasters, from NASA to Jonestown. She reveals the many vices endemic to groups and exemplified by the ACLU’s post-9/11 ethical decline, including: conformity and suppression of dissent in the interests of collegiality; self-censorship by members anxious to avoid ostracism; demands to close ranks and launch ad hominem attacks against critics; elevation of loyalty to the institution over loyalty to the institution’s ideals; substitution of the group’s idealized self-image for the reality of its behavior; and deference to cults of personality.

The ACLU has done a lot of great work, but it also has had a really complicated relationship with feminism and women’s issues. It hides the sources of its financial support, fueling the belief that it is largely funded by pornographers. In 1998 the ACLU’s ties to the tobacco industry were questioned, and there were allegations that in return for generous donations, the ACLU “tailored its tobacco-related positions to fit the industry’s interests.” The same year, the ACLU rabidly opposed legislation designed to bring transparency to the realm of political campaign donations. The organization continues to vociferously fight against any efforts to curb political lobbying, despite the distortive, and sometimes catastrophic effects corpotate lobbying may have on the democratic process.

It’s hard not to believe that the ACLU’s policy positions are influenced by people who give them money. And the ACLU receives a lot of money from somewhere. The ACLU is really two organizations, according to the ACLU website, which reports:

The ACLU comprises two separate corporate entities, the American Civil Liberties Union and the ACLU Foundation. … Although there is some overlap in the work done by each organization, certain activities the ACLU does to protect civil liberties must be done by one organization and not the other. This is primarily in the area of lobbying. The American Civil Liberties Union engages in legislative lobbying. As an organization that is eligible to receive contributions that are tax-deductible by the contributor, federal law limits the extent to which the ACLU Foundation’s may engage in lobbying activities. Therefore, most of the lobbying activity done by the ACLU and discussed in this Web site is done by the American Civil Liberties Union. By contrast, most of the ACLU’s litigation and communication efforts described in this Web site are done by the ACLU Foundation.

In 2008, the ACLU received almost 32 million dollars in direct public support, and the ACLU Foundation received almost 80 million dollars in direct public support, and close to half a million dollars in “indirect” public support, as reported here.

–Ann Bartow

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

Afghan Law Legalizing Marital Rape

The BBC covers it here.   This is a major human rights violation.

-Bridget Crawford

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BREAKING NEWS: Iowa Supreme Court Rules Same-Sex Marriage OK

From KCCI.   More to come….

Summary of the decision from the Iowa court website is here.   It looks like the court rules that sexual orientation is a protected class that gets intermediate scrutiny under the state constitution.   And, then the court rejects all the reasons given for the distinction.

– David S. Cohen

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‘Cause Women Aren’t Good at Math

From today’s Boston Globe, this story about a firing at Harvard:

In the letter, dated May 12 of that year [2002], [a new employee of the Harvard endowment management team, Iris] Mack told Summers that she was “deeply troubled and surprised” by things she had seen in her new job as a quantitative analyst at Harvard Management Co.

She would go on to say, in later e-mails and conversations, that she felt the endowment was taking on too much risk in derivatives investments, and that she suspected some of her colleagues were engaging in insider trading, according to a separate letter written by her lawyer that summarized the correspondence.

On July 2 Mack was fired. But six years later, the kinds of investments she allegedly warned about did blow up on Harvard. The endowment plunged 22 percent last summer, in part due to the collapse of the credit markets. As a result, the school is cutting costs and under criticism that it took on too much risk in its investment portfolio.

The Harvard Crimson has more here.   My guess is that the Harvard investment doods didn’t like getting called out as would-be emperors with no clothes — and especially didn’t like getting called out by a woman who hadn’t been with the management team for very long.

-Bridget Crawford

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“Report: Nobody Cares Anymore When Joe Biden Says Something Crazy”

From here:

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WASHINGTON:A new report issued this week from the Pew Research Center finds that no one really cares anymore when Vice President Joe Biden says something completely insane.

Regarded as a plain-spoken politician from working-class roots, Biden’s”tell it like it is”approach has been a crucial element to his rise to become the sixth youngest senator in U.S. history in 1973, and a more recent ascendancy to the vice presidency. This approach has occasionally been a double-edged sword, however, as he has also been known to fly off the cuff and inadvertently offend women, minority owners of convenience stores, veterans in wheelchairs, and African-Americans who are now the President of the United States.

The oft verbose Biden was rendered mostly speechless when briefed about the Pew report, but only mostly.”A couple weeks ago, I insulted this disabled kid and a pregnant lady all in one day, but all anyone wanted to talk about was how President Obama was hating on the Special Olympics,”said Biden.”I’ve gotta figure out ways to elevate my game.”He then talked for the next five minutes about something that was possibly related.

During a daily press briefing, White House Press Secretary Robert Gibbs also noted that the country is”too focused on creating jobs and on Sasha and Malia’s dog to be concerned with the foibles of the Vice President.”Gibbs responded to the report after being asked a question from some obscure blogger you’ve never heard of that somehow got a White House press pass.

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Not a Pleasant Tall Tale

Somebody sent me a link to a funny, innocuous YouTube clip today. After the clip finished I noticed a video recommendation in the sidebar billed as depicting a very tall woman. The clip, which appeared to be some sort of newscast, was not in English, but most of the comments were. Here are a few choice examples:

“Her vagina must be huge.”
“She’s built! What a Body & Ass!”
“Dude.. I would hit that..”
“shes tall, but shes normal like a 5 foot 8 girl, so thats hot. im a man, and i must admit i am very curious how it would feel to have sex with her.let me just whip out my banana and see what i can do… : )”
“She isn’t that tall. I bet you could still stick a baseball bat up her ass though. How come they never show that on the discovery channel? Or how big her shits are?”

And then there was this charming colloquy:

“do tall girls have a bigger vagina? O_o?”
“of course… a much bigger one!”
“so they also have a bigger anus, better for their first anal! :D”
“exactamente!”

There are comparable videos about tall men, but while the comments contain speculation about genital size, in general they are a lot milder and substantially less sexualized. No matter what the context, it seems like women get more online abuse.

–Ann Bartow

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“Singled Out”

Scientist and science writer/blogger Sheril Kirshenbaum talks about sexism. Below is a short excerpt:

Shortly after entering the blogosphere, there was a period when I stopped posting personal pictures altogether… until I stepped back and thought about why I felt pressure to remain somewhat obscure. These reservations stemmed from wondering whether a woman can really be taken seriously as a writer for her ideas, if on some level she is first perceived as female. Evolutionary psychologists describe subconscious cues and I’ve encountered more than a few folks from the fishing industry to the Senate with overtly preconceived expectations on gender. I’d like readers here to recognize content before appearances, but I never had the option of anonymity. Eventually I realized that the truth is, by ‘hiding,’ I’d been undermining myself by unintentionally creating self-imposed constraints based on fear. I’d been feeling the need to censor myself because of the potential for external bias. Thing is, those outside pressures are going to exist no matter what, so the only opinion of real consequence is my own. And in time, I decided it was incredibly important to openly provide an image of a woman in science to the many bright young readers who follow the blog …

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Iowa Same Sex Marriage Case to be Released Tomorrow – April 3rd

News Flash: the Iowa Supreme Court has announced that it will release its decision in the same sex marriage case, Varnum v. Brien, tomorrow at 8:30 am (CST).   The decision will be available here.
– Katherine Franke

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The Countess and the Mogul: Bad Divorce Law

Reform of divorce laws in light of the ways in which many women end up much worse off than their ex-husbands after divorce remains a huge problem for those of us concerned about Gender Justice.

But consider the current divorce case in the news of Marie Douglas-David, the 37 year-old woman who in 2002 douglas-davidmarried George David, a 67 year-old Connecticut executive who has a reported net worth of $329 million.   Prior to the marriage Douglas-Davis was an asset manager at Lazard Asset Management (and, um, a Swedish countess) who quit her job when she married David so that she could travel and entertain with him.

When the relationship hit the rocks after two years (evidently they both had affairs – he with a woman he met at a flower shop and she with a Swedish fencing champion) they entered into a post-nuptial agreement to the effect that upon dissolution of the marriage Marie would receive a $43 million settlement.   According to the Huffington Post, “Douglas-David wants the agreement invalidated. She’s asking to be awarded about $100 million in cash and stock, plus $130,000 a month in alimony.”   She maintains that her essential weekly expenses include $250 for a personal trainer, $700 for limousine services, $4,500 for clothes, $1,000 for hair and skin treatments, $1,500 for restaurants and entertainment, $2,209 for her personal assistant, $1,570 for horse care, $600 for flowers and $8,000 for travel.   In case you missed it, these are expenses per week.   (To be fair, he claims ten times as much in weekly expense: Clothes $2,500, Yacht maintenance $95,943, Eating out $1,773, Travel $7,491, Charities $18,042, Entertainment $7,125, Wife’s residences $67,12.   Who can’t relate to the crushing burden of the weekly “yacht maintenance” bill?   Source for these numbers. )

This case makes me crazy.

When Marie Douglas married George David she seems to have morphed from a competent, even shrewd, investment banker into a vulnerable, defenseless wife who was a victim of her husband’s power and prestige. Her lawyer has argued in court that she thought she was in“a loving, sound marriage”until she found e-mails disclosing an affair between her husband and a younger woman.   Shocking, shocking!   (Oh wait, George had a previous wife with whom he had had three children, and he met Marie when she, a woman less than half his age, invested in George’s business on behalf of Lazard.   Maybe the whole “younger woman-thing” is not so shocking.)

Marie, a woman with a serious, lucrative and successful career, junked it all when she met George, more than twice her age, and became a kept housewife.   In the divorce lawsuit Marie maintains that she shouldn’t be held to the terms of the $43 million post-nup.   Her lawyer argued in his opening statement …   read remainder of post

– Katherine Franke

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In Flagrante Depicto: Film In/On Trial

That’s the name of this conference to be held in New York City on May 7-8, 2009.  Presenters include Feminist Law Profs Regina Austin (Penn) speaking about “Documentation, Documentary, and the Law: What Should Be Made of Video Victim Impact Statements” and  Jessica Silbey (Suffolk) speaking on “Evidence Verite and the Law of Film.”

-Bridget Crawford

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Sweden Legalizes Same-Sex Marriage

By a wide margin, Sweden legalized same-sex marriage today. Gender neutral marriage licenses will be issued beginning May 1. Sweden is now added to a list of countries recognizing same-sex marriages that includes the Netherlands, Norway, Belgium, Canada, Spain, and South Africa.

-Tony Infanti

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Posted in LGBT Rights | 2 Comments

Sexting and the Magdalene Factor

The news in recent weeks has reported a spate of child-porn prosecutions against teens accused of”sexting”:sending nude or semi-nude pictures of themselves to friends and classmates:typically using their cell phones. According to a study by the National Campaign to Prevent Teen and Unplanned Pregnancy, nearly as many boys as girls have sent or posted nude or semi-nude pictures or video self-portraits (18% vs. 22%). Yet, it seems that almost all of the prosecutions one hears about involve pictures of girls. Boys are sometimes prosecuted for possessing or”distribution,”but of those who photograph themselves, it is the girls that are the primary targets of legal action, press reports and public attention.

 

The expression by females of their sexual natures and interests has long been the object of particular anxiety in Western society. The general tendency is to expect, condone and even, in some circles, to encourage sexual interest and activity among boys. And, no one is particularly surprised or shocked to hear of the sexual pursuits or antics of men. Nothing is perceived as unnatural about the many wives or mistresses of Henry VIII and other English kings, or about the fact that a recent president of France had a secret second family on the side. But Henry’s daughter, Elizabeth I, had to be the”Virgin Queen,”at least in the eye of the public. And even the French were a bit scandalized by the fact that their female presidential candidate, Segolene Royal, was never quite married to her live-in boyfriend and the father of their 4 children.

 

Not to belabor the obvious, this difference is very deeply rooted. Nearly 2000 years ago the early church fathers decided to portray Mary Magdalene as a woman of loose morals and then to stress how amazing it was that the Prince of Grace even had anything to do with her. Even at that, she had to”repent.”As distressing as anything about this tale is the fact that she was almost certainly not a prostitute, and that the whole thing was trumped up to make an allegorical point about (at least in part)”fallen women”and dealing with the essence of sin. Even though most of the trappings of this form of”Christianity”have been stripped away from the de facto world-view in the West, its sexual dogmas:especially those concerning the sexuality of women:remain among our most cherished beliefs. To not repress female expressions of sexuality is still a secular sin.

 

Why does our society seem so fascinated by”fallen women”and so magdalene01concerned to take stern remedial action at the first sign of a”fall.”Why do we hammer down on teen-age girls who, though perhaps not yet worldly wise, probably know what they want about as well as most people? Launching prosecutions for crimes that can bring a decade or more of imprisonment, and decades after that of sex-offender registration, residency restrictions and other miscellaneous hounding by government is no minor thing. It is certainly no way for a nation to treat its children.

 

-John A. Humbach

 

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“Eco Friendly” and “Fair Trade” are good, but some things should not be recycled!

Ahem.

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Nell Jessup Newton has been appointed Dean of the University of Notre Dame Law School

Press release here. Via Leiter.

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Annals of Bad Academic Job Interviews

Two posts at Historiann document some callback atrocities: here and here, and they are prodigiously supplemented in the appended comments. Here are just a few of the oddball things that happened to me when I interviewed for jobs:

1. A faculty member asked me if I had any quarters on me, and when I said yes, asked me to sort through them to see if I was in possession any of the “state” quarters that his grandchildren needed for their collections.

2. After learning that I had driven to the interview at a big city law school, a car-less faculty member asked me to drop her at a grocery store on my way back to the hotel after the first day of a two day callback. Then she asked me to stick around and drive her home after she finished shopping, since calling a cab would be inconvenient. This made me late for an interview dinner.

3. Though I was only going to spend one night in a hotel, because I was flying in one morning and leaving the following night, I was given a confirmed reservation for three nights, and told just to “ignore this, it’s a billing issue.” When I checked in, I found myself housed in party suite outfitted with an enormous hot tub. It reeked of cigarette smoke, and the bed spreads were crusty with, uh, DNA.

–Ann Bartow

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Feminist Law Prof “Teachers of the Year”

The AALS quarterly newsletter arrived today, with its list of the “Teachers of the Year” from each member school.   Congratulations to the Feminist Law Profs who received that honor (L-R): Julia Belian (Detroit-Mercy); Mary Clark (American); Susan Kuo (South Carolina; previously blogged here.)

Congratulations!

-Bridget Crawford

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“PETA Killed 95 Percent of Adoptable Pets in its Care During 2008” – It’s apparently so busy convincing women to appear naked, it doesn’t have time to find placements for homeless critters.

Note: The source of this info is a pro-meat industry group, but the records appear to be accurate!

From here:

Today the nonprofit Center for Consumer Freedom (CCF) published documents online showing that People for the Ethical Treatment of Animals (PETA) killed 95 percent of the adoptable pets in its care during 2008. Despite years of public outrage over its euthanasia program, the animal rights group kills an average of 5.8 pets every day at its Norfolk, VA headquarters.

According to public records from the Virginia Department of Agriculture and Consumer Services, PETA killed 2,124 pets last year and placed only seven in adoptive homes. Since 1998, a total of 21,339 dogs and cats have died at the hands of PETA workers.

Despite having a $32 million budget, PETA does not operate an adoption shelter. PETA employees make no discernible effort to find homes for the thousands of pets they kill every year. Last year, the Center for Consumer Freedom petitioned Virginia’s State Veterinarian to reclassify PETA as a slaughterhouse. …

… CCF obtained PETA’s”Animal Record”filings since 1998 from the Virginia Department of Agriculture and Consumer Services. Members of the public can see these documents at PetaKillsAnimals.com.

(Skeptical? Click here to see the documents.) …

Thanks a lot PETA, for making people who actually do care about animal rights look stupid and hypocritical by association. Again, the source of this information is a pro-meat industry organization, and cripes did PETA ever hand them a publicity gift.

–Ann Bartow

ETA: See also.

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Posted in Feminism and Animal Law | 6 Comments

“Still Alice” by Lisa Genova

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I bought a copy of this novel at an airport bookstore with low expectations, just looking for something to pass a few hours when yet another flight got delayed. I got drawn into it quickly, and about 100 pages in, finally aboard a plane, found myself sobbing, which kind of freaked out the guy sitting next to me.   It was very moving and well written. The book’s official website is here.   Here’s a short synopsis it provides:

Still Alice is a compelling debut novel about a 50-year-old woman’s sudden descent into early onset Alzheimer’s disease, written by first-time author Lisa Genova, who holds a Ph. D in neuroscience from Harvard University.

Alice Howland, happily married with three grown children and a house on the Cape, is a celebrated Harvard professor at the height of her career when she notices a forgetfulness creeping into her life. As confusion starts to cloud her thinking and her memory begins to fail her, she receives a devastating diagnosis: early onset Alzheimer’s disease. Fiercely independent, Alice struggles to maintain her lifestyle and live in the moment, even as her sense of self is being stripped away. In turns heartbreaking, inspiring and terrifying, Still Alice captures in remarkable detail what’s it’s like to literally lose your mind…

–Ann Bartow

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Disaster Law Reader: Call For Papers

katrina-flagEditors: Kathleen A. Bergin and Tracy L. McGaugh

Hurricane Katrina was unlike any other weather disaster to hit the United States in the way it exposed deficiencies in federal, state, and local disaster planning and management. It was also unique in the way it exposed entrenched views of race, class, and poverty, and forced the migration of thousands of Gulf Coast residents on whose shoulders fell our collective failure to plan.

Nearly five years have passed since Katrina wreaked havoc on the Gulf, and since that time, we’ve seen families reunited, schools rebuilt, and neighborhoods repaired. Yet for thousands of residents, legal issues remain unresolved and individual needs remain unmet. For these reasons, the five year anniversary of Katrina provides aspiring lawyers an opportunity to examine the legal and social implications of disaster by considering how the law could have been used to mitigate the impact and aftermath of the storm.  

This notice calls for papers to be included in an edited collection on legal issues related to disaster preparation, management, and recovery. The editors will be seeking publication with an appropriate academic publisher.

Both completed articles (previously published or unpublished) and abstracts of works in progress will be considered. Papers with a multi-disciplinary or extra-legal focus are welcome.

Topics might include, but are by no means limited, to the following:

  • The application of international law in times of disaster in the United States and/or comparative perspectives on disaster management in other countries
  • Legal issues raised by families in distress post-disaster
  • The special impact of disasters on those without full legal rights, such as children and pets
  • Social and legal forces that impact individual or community decisions to evacuate
  • Legal issues related to the diaspora following a mass disaster
  • Disaster law from a critical perspective, addressing issues of race, sex, sexual orientation, physical ability, etc.

Completed articles or essays must be submitted no later than August 1, 2009. If you wish to have a piece considered prior to completion, please submit an abstract of no more than two pages no later than May 1, 2009. You will receive a provisional acceptance by June 1 and be asked to submit a completed piece by August 1. A final decision on acceptance of a completed work will be made on or about September 1, 2009.   Please also include a CV and full contact information.

Proposals and papers should be sent electronically to both editors. Please feel free to contact one or both to talk over your ideas or for more information: Kathleen A. Bergin (kbergin@stcl.edu) or Tracy L. McGaugh (tmcgaugh@tourolaw.edu).

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The Phabulous Phoebe Haddon is to be the U of Maryland School of Law’s Next Top Administrator

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Rather a heinous loss for Temple Law, but a great hire for Maryland, which announced (in part):

David J. Ramsay, DM, DPhil, president of the University of Maryland, Baltimore, today announced the appointment of Phoebe A. Haddon, JD, LLM, as the ninth dean of the University of Maryland School of Law.

Haddon, a distinguished faculty member at the Temple University Beasley School of Law, is a widely respected, national leader in legal education and an expert in jury participation, the courts and diversity. She was chosen following a national search to replace Dean Karen H. Rothenberg, JD, MPA, who after a decade as dean is stepping down to return to the faculty. …

… Haddon earned an LLM from Yale Law School and a Juris Doctor from Duquesne University School of Law, where she was editor-in-chief of the Duquesne Law Review. She received a bachelor’s degree from Smith College and currently serves as Vice-Chair of the Smith College Board of Trustees. She served as a law clerk for The Hon. Joseph F. Weis, Jr., United States Court of Appeals for the Third Circuit, and practiced at Wilmer Cutler & Pickering in Washington, D.C., before joining the faculty at Temple law school. She teaches courses on constitutional law, torts, products liability, and race and ethnicity.

An accomplished national scholar on constitutional law and tort law, Haddon is the co-author of two casebooks in those fields and has written numerous scholarly articles on equal protection, jury participation, academic freedom, and diversity.

Haddon is widely recognized as a national leader in organizations dedicated to improving American legal education. She serves on the Council of the American Bar Association Section on Legal Education and Admission to the Bar, the official accrediting body of American law schools. She has served as co-president of the board of governors and member of the executive committee of the Society of American Law Teachers, member of the executive committee of The Association of American Law Schools, and trustee of the Law School Admissions Council. …

.. Actively engaged in supporting the work of the Pennsylvania bench and bar, Haddon served as a member of the Gender Commission of the Third Circuit Task Force on Equal Treatment in the Courts and as a member of the Race Subcommittee of the Supreme Court of Pennsylvania’s Committee on Racial and Gender Bias in the Justice System. She is a member of the City of Philadelphia Board of Ethics, and she continues to work on bias and diversity-related issues in the Philadelphia Bar Association. Haddon is also a member of the Board of Trustees of the Pennsylvania Bar Institute. …

The Baltimore Sun reports: “Phoebe Haddon will be the school’s first black dean and the first black female dean to lead a top-tier law school, according to law school spokesman Ed Fishel.”

–Ann Bartow

NB: The goofy, satiric title of this post is meant with affection, respect and admiration as Phoebe has been both a friend and a mentor to me for going on 14 years.

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Why Colleges Become More Dangerous Places for Female Students During “March Madness”

Last Friday night, the Syracuse men’s basketball team was routed by Oklahoma, losing 84-71 – in no small measure because of the shooting collapse of Syracuse’s star guard Eric Devendorf, who finished the game with only 8 points.

56264748Why should readers of a Gender and Sexuality Law blog care about the Syracuse men’s basketball team?   Well, the Syracuse team got as far as they did because Devendorf escaped any meaningful punishment from the University after he punched Kimberly Smith, an SU junior, in the face last November.   In fact, almost the entire men’s basketball team was involved in this attack – they surrounded her car, kicked and dented the car, yelled at her, and when she got out Devendorf punched her.   She asked the Syracuse Police to initiate criminal proceedings against him but they preferred to refer the case over to   SU’s   Office of Judicial Affairs – a student-run group that weighs minor cases on campus.   At the hearing on the incident, 6′ 4″ Devendorf claimed that he had been defending himself when he hit Smith.

The Office of Judical Affairs recommended that in light of the fact that Devendorf was already on probation for hitting another student the previous spring, Devendorf be suspended for the remainder of the year –devendorf-team meaning that he couldn’t play, go to classes or set foot on campus for the remainder of the academic year.   This might have been the end of his NCAA and professional basketball career.   Devendorf appealed the ruling, and the punishment was reduced to 40 hours of community service, and he would be allowed to return to school in the spring ’09 semester.     He did all this, missed 2 games and all was forgiven.   Syracuse was ranked third in the Southern regional conference when the bracket was announced and they did well until they ran into the Sooners last Friday night.   While the Orangemen were winning TV commentators highlighted Devendorf’s athletic ability and coolness under pressure – he was a team leader and a charismatic player.

Devendorf’s lenient treatment from the Syracuse Police and the University’s disciplinary board is, of course, not unusual for a top collegiate athlete who gets into trouble.   Examples abound of charges of sexual misconduct or violence being swept under the rug when taking them seriously might jeopardize a college or university’s athletic program.

I was involved in an incident here at Columbia several years back when a female student accused several members of the Columbia Men’s Basketball team of sexual assault. … Read remainder of post here

– Katherine Franke, cross posted from Gender and Sexuality Law Blog

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Race, Gender, and the Recent Presidential Election

Over at What Tami Said is a post that discusses the tensions among feminists that arose during the Democratic primary, which is followed by a fairly pitched discussion in the comments section. In some ways it was hard to read, because part of me just wants to repress a lot of what gets brought up. But on balance I think reading it and thinking about all the issues that are raised was productive.

–Ann Bartow

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“Are women sexually liberated, or just confused?”

That’s the title of this (U.K.)Times Online article. Two excerpts follow:

… Fifty years ago, in The Second Sex, Simone de Beauvoir described womanhood as a socially constructed activity; today, after several waves of feminism, and a recognised right to contraception, sexual pleasure and all that, we still find our sexuality defined by pop music, glossy magazines, advertising and pornography. Dr Petra Boynton, a sex psychologist, sees the very commercialisation that makes us seem so free as the reason we’re not satisfied.”The scented candles, the lingerie, the stuff : it doesn’t explain how anything works, it just presents a dream,”she says.”Sex has become mandatory, competitive and commercialised. Vested commercial interests suggest it could be great, if only you had their product.” …

… “We’ve primped and preened so much that our bodies haven’t a whiff of a pheromone about them.”Charlotte Roche explores this in Wetlands, a novel about sex, shame and the mucky functions of her body.”My liberal feminist mother still didn’t teach me about masturbation or menstruation,”she says.”Even in front of my husband, I felt embarrassed about my body, I learnt from society that so many things about it are bad. A lot of men don’t think women have body hair, believing a shaved woman is normal. Porn women are shaved so you can see more. It is their work. But why do we have to copy porn? Ads and porn are nothing to do with real life, real-life sex is hairy and messy.”

Interestingly, in a recent Cosmopolitan survey, given the sentence”An unforgettable lover must…”to complete, 57% of respondents chose”love all my body”. Least popular was”have a big penis”: 5%. There is always that reassuring truism that, actually, men don’t care about cellulite and bikini lines. But interviewing on the streets of Brighton, Anna Richardson, the Channel 4 Sex Education show presenter, was appalled by the results.”We discovered teens are waxing all their pubes because they feel it’s what they should do and what boys want : guys are going on about it to them.”She goes on to describe boys’ reactions to hardcore porn and to images of normal female bodies. Take a guess which bodies they found shocking.”They can’t discern between porn fantasy and reality,”she says.

Adults, and female ones at that, are responsible. Boynton was invited to go on GMTV recently.”They wanted to do something about empowering women [sexually]. I said: ‘Let’s talk about the clitoris.'”They didn’t like that,”but they were having a pole-dancer on”. No wonder we’re paranoid….

Via.

–Ann Bartow

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Reach Out and Touch Some Public Art

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There are many wonderful public artworks in New York.  My favorite pieces of permanent public art include the Jean Dubuffet sculpture at One Chase Manhattan Plaza and the Dante sculpture across from Lincoln Center.  In 1993, there was a temporary installation of Botero sculptures along Park Avenue.  In 2000, Jeff Koons’s Puppy presided happily over Rockefeller Center.

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Resident in the lobby of the Time Warner Center at Columbus Circle (one of the few malls on the island of Manhattan) are Adam and Eve, two giant bronzes by Fernando Botero.  The “mall” has been there for about 6 years now. The phallus of Botero’s Adam has been made shiny by visitors’ touches (see poor close-up at left.)  In contrast, Eve‘s genitalia retains its patina (yes, I checked).

What inspires people to touch this particular statue in this particular place? The penis can’t be the only explanation, right? After all, visitors have made shiny the snout of the Bull at Bowling Green in lower Manhattan and the nose of Il Porcellino in the Mercato Nuovo, in Florence, Italy.

Another urban mystery.

-Bridget Crawford

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“Thrift Makes Drift or Why the Crisis in Academe is Bad for Everyone”

Prof Susurro makes some very good points about the ways that certain kind of cuts will hurt students.

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Is Nancy Pelosi Too Hot Looking Or Not Hot Looking Enough?

She can’t be just right, no woman ever is.

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Calling Out Sexism By Blog!

This wild and out there feminist blog makes me laugh. If you want to check it out, here’s a good sample post.

–Ann Bartow

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Judicial Flubber?: First Circuit Seemingly Repudiates Supreme Court Sex-Stereotyping Precedent In Sex Discrimination Appeal

When the Supreme Court replaced the relatively simple Frye test with the relatively complicated Daubert  test for determining the admissibility of expert opinion testimony, many critics (correctly) groused that science-starved judges would not be able to rise to the task of serving as gatekeepers. See e.g.,  Susan Haack, An Epistemologist in the Bramble-Bush: At the Supreme Court with Mr. Joiner, 26 J. Health Pol. Pol’y & L. 217 (2001). The recent opinion of the First Circuit in Chadwick v. Wellpoint, Inc., 2009 WL 782822 (1st Cir. 2009), however, seems not to be an example of judge cum scientist flubbing a science project but an example of judges making Flubber  out of Supreme Court precedent.

In Chadwick,    

Laurie Chadwick brought a claim of sex discrimination under Title VII, 42 U.S.C. 42 U.S.C. § § 2000e et seq.,  against Wellpoint, Inc.  and Anthem Health Plans of Maine…after she was denied a promotion.  She alleged that her employer failed to promote her because of a sex-based stereotype that women who are mothers, particularly of young children, neglect their jobs in favor of their presumed childcare responsibilities.  

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Posted in Courts and the Judiciary, Feminism and Families, Feminism and the Workplace | 1 Comment

Red Tide Rising: Online Erotica in Conservative America

People in red states are significantly more likely to subscribe to internet pornography. At least this seems to be the upshot of a recent study by Harvard economist Benjamin Edelman (here) [and blogged by Professor Ann Bartow here].  

According to Ederlman’s data, Utah is the national leader in digital porn purchases, and 8 out of the top ten web-porn states (per 1000 broadband users) voted for McCain and Palin in 2008. The Edelman study is based on the zip codes of credit card users who patronized one the leading purveyors of online adult entertainment over a period of two years in 2006-08.

Although Professor Ederlman’s results may or may not surprise you, accounting for them is another matter. One theory is that people in red states are not as tech-savvy as their more liberal compatriots, so they don’t know how to find all the free stuff. (Dubious.) Another theory is that aggressive enforcement in red states makes it harder to get traditional ink-on-paper. Then there’s the fact that porn subscriptions tend to be more numerous in the states where more people reported in a Pew survey:”I have old-fashioned values about family and marriage.”Is there a causal connection there, do you think?

Of course the most intriguing possibility is that the red state demand for online erotica is somehow causally connected with the conservative bent of the people who live there. Since their special version of”family”values has such a prominent place in the conservative mentality, one can hardly help but think there’s got to be a connection in there somewhere. But even if there is, which way would the causal arrows go?

Does sexual repression breed desire, as some might want to maintain? Or does the fear of guilt from lustful thoughts motivate calls for repression, like Odysseus demanding to be tied to the mast? Or is it some other kind of weirdness altogether?

And there’s still more to ponder. Edelman recites stats indicating that 36% of internet users visit pornographic sites at least monthly, making an average of 7.7 visits per month. Yet, the average time for each visit is only 11.6 minutes.

And then there’s this: Divorce rates are lower when subscription rates are higher, but then too, so are marriage rates. If anything, porn appears to help keep married people married and single people single.

Regrettably, the zip code data did not allow Professor Edelman to do an analysis by gender.  

-John Humbach

 

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Posted in Coerced Sex, Feminism and Law, Feminism and Politics, Feminism and Technology | 5 Comments

Gender Law Journals vs. Women’s Law Journals: What’s In a Name?

Inside HigherEd carried this interview  under the heading, “The Evolution of American Women’s Studies.”  In it, Alice E. Ginsberg, the editor of    The Evolution of American Women’s Studies: Reflections on Triumphs, Controversies and Change  (Palgrave Macmillan), talks about how women’s studies has changed as a discipline.  Here is an excerpt of the interview:

Many women’s studies programs have included the word gender, or changed their name entirely to”gender studies.”There are also possible variations on this, such as”female studies”or the slightly riskier”feminist studies.”I posed this very question to the contributors of the book, and they were very divided in their answers. Some felt that using the word gender calls attention to the fact that gender is a socially constructed category, which may include transgendered individuals, and is more likely to look at differences among women based on race and class, etc. Perhaps the most compelling argument for changing the name to gender studies is that it invites men to look at their experiences in American culture, as well as how they may be complicit in the continuation of systems of power and privilege. It also compels men to see themselves not as the”norm”but as gendered human beings.

On the other hand, we can’t overlook the significance of the apostrophe in the name women’s studies. Born from the women’s movement, women are finally claiming  their own  lost histories and taking the lead in challenging the social construction of knowledge.  There is no such”gender movement”to speak of.

As of February, there were 24 law journals  identified by ExpressO as having”women”as a subject matter speciality (blogged here).  They are:

  • American University Journal of Gender, Social Policy, and the Law
  • Berkeley Journal of Gender, Law & Justice
  • Berkeley Journal of Middle Eastern & Islamic Law
  • Boston College Third World Law Journal
  • Buffalo Journal of Gender, Law & Social Policy
  • Cardozo Journal of Law and Gender
  • Columbia Journal of Gender and Law
  • Duke Journal of Gender Law & Policy
  • Georgetown Journal of Gender and the Law
  • Harvard Journal of Law & Gender
  • Hastings Women’s Law Journal
  • Impunity Watch Law Journal
  • Michigan Journal of Gender & Law
  • Michigan State Journal of Gender Law
  • Northwestern Journal of Law and Social Policy
  • Texas Journal of Women and the Law
  • Women’s Law Forum (Villanova University)
  • Touro Journal of Race, Gender and Ethnicity
  • UCLA Women’s Law Journal
  • Washington and Lee Journal of Civil Rights and Social Justice
  • William & Mary Journal of Women and the Law
  • Wisconsin Journal of Law, Gender & Society
  • Women’s Rights Law Reporter (Rutgers Newark)
  • Yale Journal of Law and Feminism

That breaks down to 12 journals using “gender” in their titles, 6  journals using “women” in their titles, 1 (Yale) using “feminism” in its title, and 5 journals using none of the foregoing.  Not too long ago, many  of the 12 journals using “gender” in their titles used “women” instead.  Does Ginsberg’s analysis of the evolution of women’s studies lend any insight into the decision of law reviews to change their titles from journals of “women and the law” to “gender and the law”?  

I suspect that there was much debate and deliberation behind the decision of any journal to change it’s title.  On  using “gender” vs. “women,” I myself  share what I detect to be some ambivalence on Alice Ginsberg’s part.  There is much gain, especially the inclusion of men, in a focus on “gender;” but I also have an undeveloped sense that we lose something, too, when we fold “women” into “gender.”

I also wonder if both the labels “women” and “gender” for law journals, at least, miss — or even intentionally distance themselves from — the connection to feminist legal theory and methods.  “Feminism” is still a dirty word to some women and some men.  I suspect that it is no coincidence that the one journal using “feminism” in its name is at Yale.  Perhaps that school’s graduates are so highly valued in the employment market that they feel they can “afford” to have a “risky” or “political” journal title on their resumes, but students at lesser-ranked (but elite all the same) feel safer with more “conservative” journal titles?  

Considering the relationship between and among “feminism,” “gender” and “women,” would a hypothetical employer make assumptions about a student who is a member of a  “feminist” journal or maybe even a “gender” journal that the employer would not make about a student who is a member of a “women’s” journal?  Maybe I’ve been in New York too long, but I find it harder to conjure an overt discriminator against a member of a  “women’s” law journal (who would openly  admit  to being against women, after all?).

After reading the interview with Ginsberg, I must chuckle at my own (perhaps idiosyncratic) sense that a “women’s” journal seems so … well… tame, especially since the entrance of “Women’s Studies” into the academy was anything but that.

-Bridget Crawford

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John A. Humbach on “Pornography in the Cockpit: Did Common Sense Take Flight?”

Sexual harassment is a serious matter, and ought to be treated as such. Women (and men) who need to go out into the workplace for a living are legally entitled to do so without rude reactions to make them deeply uncomfortable about being where they are. But the law needs to comport itself adroitly in this area which, since it has to do with sex, is always at risk of falling over the line from seriousness to giddy giggles, ridicule or worse. It is therefore with chagrin that one reads some details of the case of the pilot who sued United Airlines over hidden pornography in the cockpits of her planes [blogged here  by Professor Ann Bartow].

No one defends the fools who secreted the inappropriate material in these obviously inappropriate places. Whether the airline could have done more than it did to root out the offensive media is debatable:particularly in light of reports that airline cockpits contain many things not endorsed by the carrier, including in  at least one case, 65 pounds of cocaine.  

Be that as it may, the more disturbing point for some is that the pilot in question, as a result of her unhappy pictorial discoveries,”developed a ‘severe condition’ that required her to take medication and, ultimately, to ground herself.”Now compared with most of us, airline pilots do not work very many hours per month, and most of their labor is not all that physically hard. But the one thing that does justify their top-of-the-scale paychecks is (one hopes) their imperturbability, their coolness under duress and their ability to respond to unexpected, alarming and extremely unpleasant situations with the utmost of unflappable calm. While dirty pictures are not the sort of shock that an airline pilot should have reason to expect, such images are nonetheless in wide circulation, one gathers. And therefore, one might hope, a pilot who stumbles across them would not be thrown into a severe medical condition.

Of course, the suspicion exists that the pilot in this case was not quite as fragile as her lawyer made her out. She had, after all, reportedly once worked in a store that sold pornographic magazines, sketched nudes as an artist and even attended photographic exhibitions that showed naked women:all legitimate activities in this day and age, but they bring us back to the original point.

What is the average person, fully aware of the prevalence of porn in our society, to think of a case like this? The million-dollar judgment against McDonalds for overly hot coffee brought oceans of ridicule on the personal-injury bar, who mostly represent people having serious legal needs. Precisely because sexual harassment is such an important matter, especially for those millions who toil unsung at less-than-pilot pay grades, one hopes this case will not become another”Exhibit A”in the public distaste for the law.    

John A. Humbach

John Humbach is a Professor of Law at Pace University.  He has authored a number of articles in the areas of property law and professional responsibility, as well as computer-assisted instruction programs for first-year property students.  He is  recipient of the Pace University Award for Innovating in Teaching (2006) and  the author of the book  Whose Monet?  (2004). – Ed.

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Posted in Feminism and Law, Feminism and the Workplace | 5 Comments

Mary Anne Franks, “What’s Left of Pleasure? A Book Review of Janet Halley’s Split Decisions: How and Why to Take a Break from Feminism”

This book review appeared in 30 Harv. J. L. & Gender 257 (2007)

Abstract:
This book review critically evaluates Janet Halley’s “hedonics of critique,” a theoretical approach that prioritizes the celebration of pleasure over harm – harm that Halley claims Feminism has not only unduly emphasized but actually created in and for women. This review suggests that this hedonics of critique in fact willfully ignores harm, especially sexual harm, in favor of an uncritical, ahistorical, quasi-Foucauldian imperative to find pleasure wherever one can.

Downloadable here.

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