Proposed New Law in Ethiopia Threatens to Shut Down Non-Governmental Organizations

From Equality Now:

A proposed new law in Ethiopia to regulate charities and societies threatens to halt the work of non-governmental organizations (NGOs), particularly those working in the field of human rights and justice and law enforcement services. The Charities and Societies Proclamation as currently drafted would give a newly-established Charities and Societies Agency very wide discretion to regulate NGOs and control their activities. Of crucial particular concern is the ban on NGOs which receive more than 10% of their funding from overseas from participating in work that promotes human and democratic rights, equality (including that of women), the rights of children and people with disabilities, conflict resolution, and the efficiency of justice and law enforcement. NGOs already fear the cancellation of valuable projects because the money to fund them comes from outside the country and it is unrealistic to expect local fundraising to make up the shortfall. In anticipation of passage of this bill, NGOs are also losing valuable staff who need to secure a more certain livelihood. This draconian and oppressive law, if it comes into force, could end the valuable work of many organizations and would be a severely wounding blow to an open and transparent society in Ethiopia.

EWLA faces a significant scaling down of its projects and eventual closure. It was founded by Ethiopian women lawyers in 1996 and its mission is to promote the economic, political, social and legal rights of women. It assists women to secure full protection of their rights under the Constitution of the Federal Democratic Republic of Ethiopia and international human rights conventions to which Ethiopia is a party. EWLA also operates shelters for women survivors of violence. In September 2001, the Ministry of Justice attempted to bar EWLA from operating on the basis that it was engaging in activities other than those permitted by law. The attack on EWLA came after it made public the case of Hermela Wosenyeleh, a victim of sexual harassment, who was not able to secure adequate police protection. Domestic and international protests eventually rescinded EWLA’s suspension. EWLA is particularly concerned that the law could potentially reverse the gains made so far since organizations such as EWLA have been the catalyzing force behind women’s rights promotion and protection by advocating for law reform and pioneering the provision of free legal aid to poor women victims of violence.

Information about participating in a letter writing campaign can be found here.

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The Murders of Mexican Lawyers Linked to Murders of Women?

According to this blog:

Two unidentified gunmen executed Mario Escobedo Salazar and his son Edgar Escobedo Anaya, also a lawyer, in their Juarez office on Tuesday, January 6.

The double homicide comes nearly seven years after Chihuahua State Judicial Police killed Escobedo Salazar’s other son, Mario Escobedo Anaya, during a chase. The police originally stated that Mario Escobedo Anaya died when his vehicle crashed during the chase. It was later revealed that he died of a gunshot wound to the head fired by state police.

Prior to Mario Escobedo Anaya’s 2002 execution, he, his father, and a third lawyer, the late Sergio Dante Almaraz Mora, represented the two Juarez public transportation bus drivers accused of murdering eight women whose bodies were found dumped in an area of Juarez known as”the Cotton Field.”Escobedo Salazar’s recent execution means that the entire defense team is now dead; all were executed. One of the bus drivers also died under suspicious circumstances while in police custody. …

Another Defense Lawyer Executed

In December 2005, Dante Almaraz wrote a letter to the editor of El Norte, accusing former Chihuahua governor Patricio Martinez’s appointments to the state attorney general’s office of trying to destroy his professional reputation, and, more alarmingly, of forming groups “so scary that they even assassinate their own commanders.” Almaraz told El Norte and other local media that he had received threats due to his defense of the two bus drivers.

The threats against Almaraz where so severe and credible that in 2003 the Inter-American Commission on Human Rights recommended that the local government provide him with protection and guards. The government provided the recommended protection, but did not find it necessary to assign bodyguards to Almaraz permanently.

Even though Almaraz’s surviving client was exonerated in July 2005, the lawyer refused to allow the injustice to go quietly into the dark. In October 2005, Almaraz appeared in a French documentary about the Juarez femicides, where he stated: “I am convinced that these young ladies were murdered by people involved in drug trafficking, with connections to the mafias, but tolerated by the state government. I place the terrible responsibility on the shoulders of the President of the Republic [at that time Vicente Fox] and the ex-governor [of Chihuahua] Patricio Martinez. They know perfectly well who the people are who committed the murders.”

On January 25, 2006, multiple unidentified armed gunmen executed Almaraz while he waited in his truck at a traffic light in downtown Juarez.

Read the full post here.

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Go Steelers!

 

 

Well, to round out my posting for today, I have to voice my hope that the Pittsburgh Steelers cream the San Diego Chargers later this afternoon! Since moving to Pittsburgh–and to the great surprise of my sister–I’ve become a big Steelers fan.

Given that this is the Feminist Law Professors blog, I would be remiss if I didn’t note here that the Steelers have, by far, the largest female fan base of any professional football team. According to a 2007 report, 34% of women living in this area identify themselves as Steelers fans. Green Bay came in second “with 29.4 percent, but no other market surveyed had even one-quarter of its women identify themselves as fans.”

-Tony Infanti

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Sexual Orientation Discrimination in Public Accommodations

Last week, the Minnesota Court of Appeals affirmed a trial court decision in Monson v. Rochester Athletic Club,  2009 Minn. App. LEXIS 1,  that the Rochester Athletic Club (RAC) did not violate the Minnesota Human Rights Act’s prohibition against discrimination on the basis of sexual orientation when it refused to provide its services  to a same-sex couple  at the same discounted family membership rate that it charges married different-sex couples. The decision is, to say the least, rather disappointing.

The court ruled that RAC’s policy was not facially discriminatory because it treats all unmarried couples–both same-sex and different-sex–alike. To me, this seems an untenable position, notwithstanding the court’s citation of authority from other states to the same effect. How can you turn a blind eye to the fact that same-sex couples are legally barred from marrying in Minnesota? Same-sex couples and different-sex couples are not similarly situated for this purpose, so how can you really compare them and call their treatment equal? Unmarried different-sex couples can always choose to marry and get the discount, if that’s what they wish to do. Same-sex couples never get that same choice and, therefore,  can  never qualify for the family discount. The fact that the discrimination is incorporated by reference rather than stated on the face of RAC’s policy seems to me to be a completely indefensible distinction upon which to hang a decision concerning the application of a “human rights” act. In addition, the court, like many others, further refused to entertain a disparate impact theory for liability (i.e., that same-sex couples are disparately impacted by the policy because of their legal inability to marry).

Though I am outraged by this decision, I guess I shouldn’t be too surprised by it. I am sure that the couple did not separately argue that RAC’s actions constituted discrimination based on their marital status because the Minnesota Supreme Court has held that, for this purpose, the “marital status” protections of the Minnesota Human Rights Act cover only singles and married persons–and not unmarried couples–due “to the legislature’s policy of discouraging the practice of fornication and protecting the institution of marriage.”  See State by Cooper v. French, 460 N.W.2d 2 (Minn. 1990). After all, why would we expect the state to demand that the owners of public accommodations treat same-sex couples any better than the state already does?

-Tony Infanti

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Sonia K. Katyal, “Civil Rights Must Be for All”

Awesome feminist law prof Sonia Katyal recently wrote in the National Law Journal:

Ten years ago, I sat in a constitutional law class taught by Barack Obama at the University of Chicago Law School. My mother proudly recalls that I came back from class and predicted to her that Obama would someday be president. At the time, no one believed that such a thing was possible. But as history has shown us, we have come a long way in the past 10 years. We have watched Obama achieve what folks never imagined: A little-known local hero, armed with courage, audacity and a desire to bring people together, managed to unite the world’s most powerful country during one of the most painful economic periods of our history.

This makes it all the more confusing : and hurtful : that someone like Obama would select Rick Warren, a decisive player in the movement against gay civil rights, including gay marriage, to speak at his inauguration.

In recent years, another revolution has unfolded, something that all of us have borne witness, and something to which seemed equally improbable. Twelve years ago, the U.S. Supreme Court handed down Romer v. Evans, the first time the highest court in the land declared that a state could not ban the enactment of civil rights laws that protected gays and lesbians from discrimination. It was a stunning moment : many of us, including myself : never imagined that such a conservative court would recognize something that seemed patently obvious to the rest of us: that “equal protection of the laws” under the Constitution actually meant something, something real, something tangible, even when it applied to a group that many people seemed to readily overlook: gays and lesbians.

Read her entire essay here.

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Watch Christina Hoff Sommers Give Her Lecture Live

A few days ago Christina Hoff Sommers guest posted a lecture here, and referred to “a productive and civil debate with a feminist law professor at Penn State.” The live debate was sponsored by the Federalist Society, and you can watch it here. She makes some ridiculous claims and nasty attacks against feminism that didn’t show up in her written version for some mysterious reason, which I’ve now reviewed as well. You can also watch the response by law prof Kit Kinports, which follows, and definitely check out the Q&A at the very end.

–Ann Bartow

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Godfrey v. Spano

Though New York Governor Paterson’s order requiring state agencies to recognize out-of-state same-sex marriages has overshadowed this earlier action, Westchester County executive Andrew Spano did issue an order in June 2006 requiring all county agencies under his control to recognize out-of-state same-sex marriages. This order was challenged in the courts on the ground that it was inconsistent with the New York Court of Appeals’ decision in Hernandez v. Robles, which, in July 2006, held that  the New York Domestic Relations Law limits marriage to different-sex couples and upheld the constitutionality of the domestic relations law.

At the very end of December, the Appellate Division of the New York Supreme Court upheld the validity of Spano’s order (the short decision can be found at 2008 N.Y. App. Div. Lexis 10226). The Appellate Division did not, however, add to the positive decision in Martinez v. County of Monroe, 850 N.Y.S.2d 740 (N.Y. App. Div. 2008), upon which Governor Paterson’s order was premised and which was the first appellate decision to hold that out-of-state same-sex marriages are entitled to recognition under New York law. Given earlier contrary decisions from lower courts refusing recognition to a Canadian same-sex marriage, see  Funderburke v. N.Y. State Dep’t of Civil Serv., 13 Misc. 3d 284 (N.Y. Sup. Ct. 2006), vacated by  854 N.Y.S.2d 466 (N.Y. App. Div. 2008), and Gonzalez v. Green, 831 N.Y.S.2d 856 (N.Y. Sup. Ct. 2006),  and earlier appellate decisions similarly refusing recognition to a Vermont civil union (which is supposed to be the equivalent of a marriage), see  Matter of Langan v. State Farm Fire & Cas., 849 N.Y.S.2d 105 (N.Y. App. Div. 2007), and  Langan v. St. Vincent’s Hosp., 802 N.Y.S.2d 476 (N.Y. App. Div. 2005), a decision from another department of the appellate division in line with Martinez would have been quite welcome.  

Instead, the Appellate Division in Godfrey v. Spano  upheld the validity of Spano’s order on the narrow ground that he had ordered only “that same-sex marriages be recognized to ‘the maximum extent allowed by law.’ By its terms, therefore, the Executive Order can never require recognition of such a marriage where it would be outside the law to do so. Since it is within the authority of the County Executive ‘[t]o see that the laws of the state, pertaining to the affairs and government of the county . . . are executed and enforced within the county’, the Executive  Order is not illegal.” (Citation omitted.)

Thus, while a good result, the decision in Godfrey v. Spano  does nothing to clear up the continuing uncertainty surrounding the recognition of out-of-state same-sex marriages in New York, especially given that Governor Paterson’s executive order continues to be the subject of a court challenge.

-Tony Infanti

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What Happened to the Woman in “Iran’s Hottest Porn Video”?

The Daily Beast has a post up entitled “Iran’s Hottest Porn Video.” It is written by a male university student who is “pseudonymous for his own safety.” In it he crows about how great it is that the hypocrisy of an Iranian cleric has been exposed, because the cleric was videotaped having sex with a woman who was not his wife, and the video went viral. The cleric “has reportedly been sentenced to 100 lashes and banished to another province,” says the author. But he is strangely silent on the fate of the woman. Unlike himself, who remains “pseudonymous for his own safety,” her safety can readily sacrificed for the sexual freedom of others, apparently.

–Ann Bartow

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South Korea accused of using women as prostitutes to prop up the country’s ecomony and keep U.S. soldiers “entertained.”

The NYT reports:

… Scholars on the issue say that the South Korean government was motivated in part by fears that the American military would leave, and that it wanted to do whatever it could to prevent that.

But the women suggest that the government also viewed them as commodities to be used to shore up the country’s struggling economy in the decades after the Korean War. They say the government not only sponsored classes for them in basic English and etiquette : meant to help them sell themselves more effectively : but also sent bureaucrats to praise them for earning dollars when South Korea was desperate for foreign currency.

“They urged us to sell as much as possible to the G.I.’s, praising us as ‘dollar-earning patriots,’ “Ms. Kim said.

The United States military, the scholars say, became involved in attempts to regulate the trade in so-called camp towns surrounding the bases because of worries about sexually transmitted diseases.

In one of the most incendiary claims, some women say that the American military police and South Korean officials regularly raided clubs from the 1960s through the 1980s looking for women who were thought to be spreading the diseases. They picked out the women using the number tags the women say the brothels forced them to wear so the soldiers could more easily identify their sex partners.

The Korean police would then detain the prostitutes who were thought to be ill, the women said, locking them up under guard in so-called monkey houses, where the windows had bars. There, the prostitutes were forced to take medications until they were well.

The women, who are seeking compensation and an apology, have compared themselves to the so-called comfort women who have won widespread public sympathy for being forced into prostitution by the Japanese during World War II. Whether prostitutes by choice, need or coercion, the women say, they were all victims of government policies. …

Read the whole article here. While the author asserts “the women have made no claims that they were coerced into prostitution by South Korean or American officials during those years,” one woman was quoted as saying:”Our government was one big pimp for the U.S. military,”and quotes another asserting that hunger drove her into prostitution. In addition, the author noted:

Transcripts of parliamentary hearings also suggest that at least some South Korean leaders viewed prostitution as something of a necessity. In one exchange in 1960, two lawmakers urged the government to train a supply of prostitutes to meet what one called the”natural needs”of allied soldiers and prevent them from spending their dollars in Japan instead of South Korea. The deputy home minister at the time, Lee Sung-woo, replied that the government had made some improvements in the”supply of prostitutes”and the”recreational system”for American troops.

–Ann Bartow

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Not Really Super

ETA: Slate XX Factor readers, go here.

The latest issue of Ms. Magazine has Barack Obama in a Superman pose, wearing a tee shirt that says “THIS IS WHAT A FEMINIST LOOKS LIKE,” as follows:

Obama can greatly advance the status of women during his Presidency, and I very much hope he will. But I don’t remember hearing Barack Obama describe himself as a feminist, though maybe I missed something.   This seems designed to mock people who supported Hillary Clinton during the Democratic Primary.   Why does Ms. want to do that now? Polling data shows persuasively that most Clinton primary supporters voted for Obama in the general election.   I think the magazine cover was a really bad idea.

–Ann Bartow

ETA: Katha Pollitt has written that Obama has the potential to be feminist President, and I agree. So maybe in a year or two the cover would be appropriate. But not now.

ETA2: Ms. representatives explain the cover here, and assert that Obama said privately that he is a feminist.

ETA3: In 1972, the cover of Ms. featured Wonder Woman with the tag line “Wonder Woman for President”:

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In 2008, Wonder Woman was on the cover of Playboy, and Ms. is instead symbolically looking to a male superhero to “rescue” feminism?   Very problematic imagery, in my view.

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Mad Law Prof Patricia J. Wiliams asks: “If the nation’s first female Solicitor General breaks a 139-year-old tradition and doesn’t wear a morning coat, can she still do her job with style?”

She writes:

Of the details one misses with no television coverage of the Supreme Court, surely the quaintest is that the Solicitor General of the United States must wear tails:more formally known as a morning coat:when arguing the government’s cases. Barack Obama’s new nominee for that position is Harvard Law School Dean Elena Kagan. If confirmed, she will be the first woman ever to hold that position, and as such her very presence triggers an epiphenomenal fashion crisis that shakes American socio-legal tradition to its very roots.

Read the whole essay here.

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“Fashion Advice for Lawyers”

Rebecca Bratspies has some here!

Many women thought the normative right to wear pants to work had been thoroughly embedded in the culture well over thirty years ago. This might be a situation in which collective action by all women could benefit all women. If everybody made a commitment to wear pants to work at least once a week (and not just on “casual fridays”), it would further instantiate the practice.

–Ann Bartow

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House Passes Lilly Ledbetter Act (and More!)

Yesterday, the House passed the two bills — one that overturns the Supreme Court’s 2007 decision in Ledbetter v. Goodyear and the other that expands opportunities to sue under the Equal Pay Act.   More analysis later in the weekend (or early next week), but this is obviously a very welcome act by Congress, one that will no doubt be signed by President Obama once presented to him.   My one concern — Congress should add language to cover what I think will be another bad decision that is forthcoming in AT&T v. Hulteen.   The case presents a very similar issue to Ledbetter, but last time I checked, the language of the Ledbetter bill might not cover the Hulteen case.   (That is, provided of course, that the Court doesn’t rule in Hulteen’s favor based on the current state of the law.)

– David S. Cohen

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Cooper on “Our First Unisex President?: Black Masculinity and Obama’s Feminine Side””

Feminist Law Prof Frank Rudy Cooper (Suffolk) has posted to SSRN his essay, “Our First Unisex President?: Black Masculinity and Obama’s Feminine Side.”  Here is the abstract:

People often talk about the significance of Barack Obama’s status as our first black President. During the 2008 Presidential campaign, however, a newspaper columnist declared, “If Bill Clinton was once considered America’s first black president, Obama may one day be viewed as our first woman president.” That statement epitomized a large media discourse on Obama’s femininity. In this essay, I thus ask how Obama will influence people’s understandings of the implications of both race and gender.

To do so, I explicate and apply insights from the fields of identity performance theory, critical race theory, and masculinities studies. With respect to race, the essay confirms my prior theory of “bipolar black masculinity.” That is, the media tends to represent black men as either the completely threatening and race-affirming Bad Black Man or the completely comforting and assimilationist Good Black Man. For Obama, this meant he had to avoid the stereotype of the angry black man. Meanwhile, though, the association of the Presidency with the hegemonic form of masculinity presented difficulties for Obama. He was regularly called upon to be more aggressive in responding to attacks and more masculine in general. As a result, Obama could not be too masculine because that would have triggered the Bad Black Man stereotype but he could not be too feminine because that would have looked unpresidential.

Obama solved that dilemma by adopting a “unisex” style. He was a candidate who was designed to be suitable to either gender. I believe Obama’s unisex performance on the world’s biggest stage suggests that we are all more free to perform our race and our gender as we see fit than we had previously believed.

The full article is available here.

-Bridget Crawford

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ACS Launches Executive Director Search

From the FLP Mailbox, this announcement of the search for a new Executive Director:

The American Constitution Society for Law and Policy today announced it was beginning a search for a new executive director to succeed Lisa Brown, who resigned in November after being selected by President-elect Barack Obama to be the next White House Staff Secretary.

“This is an exciting time for ACS, one in which we have unparalleled opportunities to shape debate on legal and public policy issues,” said ACS Board of Directors Chair Goodwin Liu. “This position offers a prime opportunity for a talented, visionary leader to help guide one of the nation’s premier legal organizations.”

Brown’s former deputy, David Lyle, now serves as ACS’s Acting Executive Director.


“The ACS Board of Directors is pleased that David has agreed to serve as Acting Executive Director until a permanent successor to Lisa is in place,” Liu noted. “He knows the organization and its members well, and we are confident ACS will take full advantage of the opportunities before it as he works with our excellent staff and active and engaged membership.”

The full Executive Director job description and application process are available here. The application deadline is March 2, 2009.

-Bridget Crawford

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Siddharth Kara, “Sex Trafficking: Inside the Business of Modern Slavery”

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From the publisher’s website:

Every year, millions of women and children are abducted, deceived, seduced, or sold into forced prostitution, made to service hundreds if not thousands of men before being discarded. Generating huge profits for their exploiters, sex slaves form the backbone of one of the world’s most profitable illicit enterprises, for unlike narcotics, which must be grown, harvested, refined, and packaged, the female body requires no such “processing” and can be repeatedly consumed.

In this first-of-its-kind journey, Siddharth Kara investigates the mechanics of the global sex trafficking business across four continents and takes stock of its devastating human toll. Since first encountering the horrors of sexual slavery in a Bosnian refugee camp in 1995, Kara has taken multiple research trips to India, Nepal, Burma, Thailand, Vietnam, the United Kingdom, Italy, the Netherlands, Albania, Moldova, Mexico, and the United States. He has met hundreds of slaves, has witnessed the sale of numerous human beings into slavery, and has confronted some of the criminals who have exploited them.

Drawing on his background in finance and economics, Kara provides a rare business analysis of sex trafficking, focusing on the local drivers and global macroeconomic trends that gave rise to the industry after the fall of the Berlin Wall. He quantifies the size, growth, and profitability of sex trafficking and other forms of modern slavery:metrics that have never been published before:and locates the sectors that would be hardest hit by specifically designed interventions and penalties.

Kara supplements his analysis with a riveting account of this unconscionable industry, sharing the moving stories of victims and revealing the shocking conditions of their exploitation. He concludes with a proposal for aggressive measures that target the essential business and economic functioning of the sex trafficking industry designed to provide a more effective global approach to abolishing these crimes against the world’s most vulnerable and exploited persons.

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Who Voted for Prop. 8?

Freedom to Marry, the National Gay and Lesbian Task Force, Let California Ring, and Marriage for All have released a new report  that examines the polls on Prop. 8 to tease out the demographics of those who voted “yes” and to explore the role of the African American vote in its passage.

The study concludes that party affiliation, ideology, religiosity, and age were the biggest predictors of a “yes” vote for Prop. 8. In terms of “yes” votes, the divide between conservatives and liberals was 82-22; the divide between Republicans and Democrats was 81-30; the divide between those who attended religious services weekly and those who hardly ever attend religious services was 70-30, and the divide between those 65 and older and those 18-29 years old was 67-45. Though there was a divide between the African American and Latino votes, on the one hand, and white votes, on the other, that divide was of a far lesser magnitude (58-59/49). Moreover, multivariate analyses did not show that race was a significant factor once religiosity had been controlled for; in other words, the higher percentage of “yes” votes among African Americans and Latinos is not explained by their race, the study asserts, but by the fact that the respondents in these racial and ethnic groups tended to be more religious than whites. Looked at from the perspective of religiosity, the number of African Americans and Latinos voting “yes” was right in line with other groups in the category of those who attend religious services weekly.

This report, which is short and definitely warrants a read, raises interesting questions about unbundling intersectionalities (here, the intersection between race/ethnicity and religion). As Evan Wolfson pointed out during the morning plenary session of yesterday’s day-long program at AALS on sexual orientation and gender identity across the curriculum, the report also highlights how quickly and with what little information the majority/mainstream press will jump on and disseminate a story that pits one traditionally disadvantaged group against another.

-Tony Infanti  

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Guest Blog Post: Christina Hoff Sommers on “What’s Wrong and What’s Right With Contemporary Feminism”?

Dear Readers,

As a conservative feminist, I am often invited by members of the Federalist Society to speak at their law schools and take part in debates. Bridget Crawford, a moderator of the Feminist Law Professor blog, has kindly offered me the opportunity to post one of my lectures.

I will also take this occasion, once again, to correct a false allegation that was made about me. On September 2, 2008 an entry on this blog mentioned that I had once called women’s studies professors “homely.” I never said any such thing. Fifteen year ago, an Esquire magazine writer misquoted me, made it up or confused me with someone else. When Washington Post writer Meg Rosenfeld did a profile of me in 1994, she asked the writer about the quote. He said his notes had gone missing (Washington Post, 7/7/1994.) The fact is: they never existed. No matter how many letters I write correcting the fabrication, it seems never to go away. I don’t mind being criticized for things I truly say and believe, so I welcome reactions to the lecture pasted below.

I hope you find merit in the lecture. In general, it elicits a good reaction from feminist students and professors. This past November I had a productive and civil debate with a feminist law professor at Penn State. On the other hand, when I spoke at Hamilton College two weeks later, a young woman fled the room close to tears and called me the “most disgusting person”she had ever met in her life. I sincerely hope you react more like the Penn State professor than the Hamilton undergraduate. My general outlook on feminism is always evolving, so I will take any criticism or advice you offer to heart.

Sincerely,

Christina Hoff Sommers

Resident Scholar

American Enterprise Institute

 

What’s Wrong and What’s Right with Contemporary Feminism?

Lecture by Christina Hoff Sommers*

For the past two decades I have devoted myself to studying the influence of feminism on American culture-:with a special focus on campus feminism. In the next 35-40 minutes I’ll give you the best information I have on this topic.But, of course, information is never the whole story; I have a point of view and you’ll hear about that as well.

This evening I will be arguing that contemporary feminism has taken a wrong turn. In my view, the noble cause of women’s emancipation is being damaged in at least three ways by the contemporary women’s movement. [1] First, today’s movement takes a very dim view of men; second, it wildly overstates the victim status of American women; and third, it is dogmatically attached to the view that men and women are essentially the same. In the time I have with you, I will try to explain and justify these criticisms, and conclude by offering what I think is a reasonable and humane alternative to current feminism. I will also extend an olive branch to the feminists I criticize. But first a few words about my background.

Before the early 1990s I was a feminist academic in good standing. I was invited to feminist conferences and asked to review papers for a feminist philosophy journal. My courses at Clark University were cross-listed with Women’s Studies. That all changed in 1994 when I published a book entitled Who Stole Feminism? The book was strongly feminist, but it rejected the idea that American women were oppressed. For the most part, feminism had succeeded, I said. By the nineties, I argued, American women were among the freest and most liberated in the world. It was no longer reasonable to say that as a group women were far worse off than men. Yes, there were still inequities, but to speak of American society as a”patriarchy”or to refer to American women as second class citizens was frankly absurd.

In the book, I showed how feminism was being hijacked by gender war eccentrics in the universities. And when I say eccentric I mean it. To give one quick example, one of my colleagues in feminist philosophy referred to her seminars as”ovulars.”[2] She rejected the masculinist”seminar”because the root of that word is associated with, well, the very essence of male power. It is actually very funny when you think about it. But this woman was not kidding.

When Who Stole Feminism? was first published, some prominent feminists actually agreed with what I had to say: I even received some fan mail –- but not much. For the most part, the feminist establishment was outraged. I was quickly subjected to a colorful attack for my heresies. Many feminist leaders and writers remain convinced that the United States is an oppressive patriarchy. They did not appreciate my plea for moderation. Some called me a backlasher, a traitor to my gender, anti-woman. One angry critic referred to Margaret Thatcher and me as “those two female impersonators.”

Just as an aside, I should tell you that all of this notoriety has not been easy for my parents — who are veryliberal and dismayed to find their daughter reviled by people they admire — like the feminist leader Gloria Steinem–or, much worse, admired by people they regard as diabolical. (My father was driving along a country road in Vermont when he heard conservative talk show host Rush Limbaugh praise something I had written. He almost smashed into a snow bank.) But of course, whatever their reservations, my parents remain loyal fans. When a columnist from Playboy magazine interviewed me, my father was eager to get hold of that issue. The problem was how do you buy a copy of Playboy when you are an old-fashioned gentleman, living in a small Vermont town where everyone knows you.

He solved the problem by quietly crossing the border into Keene, New Hampshire where no one knew him. He was still more than a little embarrassed: feeling the need to explain himself to the sales clerk he told her,”It’s OK, I’m only buying this because my daughter’s in it.”

Well, anyway — I am not a backlasher, a traitor, anti-woman or a female impersonator. What I am is a philosophy professor with a respect for logic, clear thinking, rules of evidence and –- I hope –- a strong sense of fairness. In fact, I think it’s my bias toward logic, reason, and fairness that has put me at odds with the feminist establishment.

I am not here to urge you to reject old-fashioned classical feminism of the sort that won women the vote, educational opportunity and many other freedoms. I am a passionate supporter of that style of feminism, which I call equity feminism. An equity feminist wants for women what she wants for everyone:-fair treatment, respect, and dignity. Equity feminism promotes harmony and good will between the sexes and it can lead to a much saner, happier and more ethical world.

[lecture continued here]

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When a Colleague Asks You to Read a Draft

I’ve spoken with colleagues many times about the art of working with students on their writing.   I’ve had far fewer conversations about the art of reading a colleague’s draft article or book chapter.   In today’s Chronicle of Higher Education, a creative writing professor describes (here – pay site, but day passes available) her less-than-positive experience when she shared her frank assessment of a colleague’s manuscript:

How often are feelings hurt and relationships battered when friends edit friends? And how do you avoid or minimize those conflicts?

First, by responding promptly. During the time that I was not reading his manuscript, my author friend was surely still working on it. Having someone respond to an old draft can be tiresome. On the other hand, doing a careful critique burns hours and brain wattage. Both sides of the exchange have to be honest and realistic about deadlines. I assumed that I would want to get to my friend’s manuscript immediately. I did. But then, when I didn’t like it, I put it aside. That was a mistake.

The second mistake I made was, because we were friends, I didn’t sugarcoat my criticisms. I dispensed with the editorial niceties I had used with my authors. We were beyond that, I thought. Since his feedback to me was often blunt, I assumed that it was OK to be candid with him.

I should have asked my friend what he wanted from me, and asked him to guide my reading. Did he care about the tone, or should I focus only on the argument? Did he want line-editing? Proofreading? Just a hearty “bravo”? * * *

Now, when friends ask me to read things for them, I try to be clear and honest. If I have the time, and the inclination, I tell them that if they ask for my opinion, they’re going to get it. I’m not a cheerleader. A number of times my friends have thanked me for reminding them of this and have decided against showing me their work. I give the kind of feedback I hope to receive; I yam what I yam.

I don’t think that niceties and candor are mutually exclusive.   The better you know someone, the more frank you can be, but I think it is always helpful to provide an author with feedback on what works well in a draft, in addition to ideas that could be developed, refined, extended, etc.

To the Chronicle commentator’s list of advice, I would add two suggestions.   First, ask what the author’s ideal time-frame is and let the author know what your time-frame is.   Second (and this is directed at profs with tenure): if an untenured colleague asks you to read a draft and you’ve agreed, please respond.   If you find that you actually don’t have time to read the manuscript, say so (even if you already said yes).   The worst thing you can do is agree to read a draft and then go radio silent.   You may not think it is a big deal, but your junior colleague does.

-Bridget Crawford

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Scene From A Long Drive During The Holidays

The characters are a teenaged boy and his mother. The mom is driving, while the boy is calling out clues from a crossword puzzle that they are completing together to make the time pass.

Teen Boy: “Three Down: River to the Caspian Sea, four letters.”

Mom: “I have no idea.”

Teen Boy: “Thirty-four Across: Knoll, five letters.”

Mom: “Do we have any letters?”

Teen Boy: “Probably starts with M.”

Mom: “Mound?”

Teen Boy: “I’ll pencil it in. Okay, Thirty-four Across: Doc bloc, three letters, first one is A.”

Mom: “Try AMA.”

Teen Boy: “Twenty-four Down: Beat off. Four letters.”

Mom: “WHAT?”

Teen Boy, very quietly: “Beat … off.”

Mom: “Wow.   That’s kind of weird, because ‘beat off’ is a euphemism for …”

Teen Boy: “I KNOW, I KNOW. Let’s just move on to another one.”

Turns out the answer for Twenty-four Down was “fend.” If you doubt the veracity of this anecdote, check out the USA Today crossword for December 18, 2008 (page 7D).

–Ann Bartow

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Dr. Who’s Christmas Special

What does that have to do with feminsm, you ask? Go find out at WOC PhD.

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“Milk and the Movement”

Mary Dudziak discusses the movie Milk here, at the Legal History blog.

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Another Case for the Tee Shirt Law Course

Per Yahoo News:

An airline passenger forced to cover his T-shirt because it displayed Arabic script has been awarded 240,000 dollars in compensation, campaigners said Monday.

Raed Jarrar received the pay out on Friday from two US Transportation Security Authority officials and from JetBlue Airways following the August 2006 incident at New York’s JFK Airport, the American Civil Liberties Union (ACLU) announced.

The facts?

Jarrar, a US resident, was apprehended as he waited to board a JetBlue flight from New York to Oakland, California, and told to remove his shirt, which had written on it in Arabic: “We will not be silent.”

He was told other passengers felt uncomfortable because an Arabic-inscribed T-shirt in an airport was like “wearing a T-shirt at a bank stating, I am a robber,'” the ACLU said.

Jarrar eventually agreed to cover his shirt with another provided by JetBlue. He was allowed aboard but his seat was changed from the front to the back of the aircraft.

The ACLU has much more here, including the interview with Jarrar replicated below:

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Kotex Beaver Commercial Unpopular In Australia

This is the commercial:

The negative reaction is reported here as follows:

A list released by the Advertising Standards Bureau found the hotly debated Kotex U tampon ad showing a woman going about daily activities with a beaver in tow was the most complained about ad in 2008.

The ad, which received more than 185 complaints, tells its audience, “You only have one of them, so look after it” and featured the animal which viewers understood to be a reference to female genitalia. …

Could it be the annoying soundtrack?

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Gable’s Insecurity: 60th Anniversary Of Adam’s Rib Brings To Mind That Gone With The Wind Was Born Out Of Clark Gable’s Fear Of “Women’s Director” Throwing The Movie To Vivien Leigh

Over at Volokh Conspiracy, Eugene Volokh notes that it is the 60th anniversary of the farcical Adam’s Rib, in which Katharine Hepburn and Spencer Tracy played married lawyers on opposite sides of an attempted murder trial. According to IMDB, the plot of the movie is as follows:

When a woman attempts to kill her uncaring husband, prosecutor Adam Bonner gets the case. Unfortunately for him his wife Amanda (who happens to be a lawyer too) decides to defend the woman in court. Amanda uses everything she can to win the case and Adam gets mad about it. As a result, their perfect marriage is disturbed by everyday quarrels.

Do any FLP readers who have seen the movie recommend it? I haven’t seen it, but I do know that it was directed by the great George Cukor, who also directed classics such as My Fair Lady, A Star is Born, and Born Yesterday (as well as my favorite movie of his, Gaslight). But the most famous movie with which he is associated is the one from which he was fired. And that movie was the biggest movie of all time, Gone with the Wind.

So, why was Cukor fired as director a couple of weeks into production? Well, the rumor goes that Cukor was fired because Clark Gable didn’t want this”woman’s director”throwing the movie to Vivien Leigh. So, how’d that one work out for you, Clark?

-Colin Miller

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“Please Don’t Divorce Us”

Very powerful photo stream opposing the wretched Prop. 8.

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“One Gender’s Crash”

Deborah Spar, President of Barnard College, writes in the WaPo:

..as the financial debacle unfolds, I can’t help noticing that all the perpetrators of the greatest economic mess in eight decades are, well, men. Specifically, they are rich, white, middle-aged guys, same as the ones who brought us Watergate in the 1970s, the Teapot Dome scandal in the 1920s and, presumably, the fall of Rome.

She notes that “A Catalyst Research study last year found that women make up almost 60 percent of the workforce at Fortune 500 finance and insurance companies but account for only 17.9 percent of corporate officer positions and none of the chief executive positions.” and gives reasons why women might take fewer dangerous risks and more likely to blow whistles on dishonest behavior. Read her who essay here.

Via Frank Pasquale, who observes: “Her insightful piece reminded me of conservative thinker Reihan Salam’s proposal that gun laws recognize differing propensities for violence among men and women:”

The idea of treating women and men differently offends our understanding of gender equality at a deep level. But treating women and men as though they are identical:as though women are as violent, dangerous, and abusive as men:isn’t treating them equally. Rather, it is pretending that ignoring their deep differences is the best policy, even if that means that people will die or suffer as a direct result.

–Ann Bartow

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Indiana/Bloomington Law Prof Dawn Johnsen Nominated as Assistant AG for the Office of Legal Counsel

This morning, Barack Obama announced that he intends to nominate Dawn Johnsen to be Assistant AG for the Office of Legal Counsel.

A law prof at Indiana University, Johnson serves on the board of directors of the American Constitution Society for Law and Policy. From 1988-93, Johsen (Yale, Yale Law) was the legal director of the National Abortion and Reproductive Rights Action League. She clerked for Richard D. Cudahy, U.S. Court of Appeals for the Seventh Circuit.

null

Via Leiter. See also.

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Harvard Law School Dean Elena Kagan To Be Obama’s Solicitor General.

From this press release:

Elena Kagan, Solicitor General
Kagan, the Charles Hamilton Houston Professor of Law, is currently the 11th Dean of Harvard Law School.   Kagan first came to Harvard Law School as a visiting professor in 1999 and became Professor of Law in 2001. She has taught administrative law, constitutional law, civil procedure, and seminars on issues involving the separation of powers. She was appointed Dean of the Law School in 2003.   From 1995 to 1999, Kagan served in the White House, first as Associate Counsel to the President (1995-96) and then as Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (1997-99). In those positions she played a key role in the executive branch’s formulation, advocacy, and implementation of law and policy in areas ranging from education to crime to public health. Kagan launched her scholarly career at the University of Chicago Law School, where she became an assistant professor in 1991 and a tenured professor of law in 1995. Kagan clerked for Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit from 1986 to 1987. The next year she clerked for Justice Thurgood Marshall of the United States Supreme Court. She then worked as an associate in the Washington, D.C. law firm of Williams & Connolly from 1989 to 1991. Kagan received her bachelor’s degree from Princeton in 1981 (summa cum laude). She attended Worcester College, Oxford, as Princeton’s Daniel M. Sachs Graduating Fellow, and received an M. Phil. in 1983. She then attended Harvard Law School, where she was supervising editor of the Harvard Law Review, and graduated magna cum laude in 1986.

I think this is a great choice by Obama. Prior to the announcement, Bloomberg News reported:

[T]he job ultimately might be a step toward a seat on the Supreme Court itself. The next solicitor general will preside over an almost-certain shift of the federal government’s position before the high court on terrorism, product-liability lawsuits and other issues. No woman has ever served as solicitor general on a permanent basis.

“They already have to be on any list of potential Supreme Court nominations for the administration,”said Jeffrey Fisher, a Stanford law professor who argues before the high court.”Having the experience of being solicitor general would only accentuate their portfolio.”

Four solicitors general — William Howard Taft, Stanley Reed, Robert Jackson and Thurgood Marshall — have gone on to serve on the Supreme Court. A fifth, Robert Bork, was nominated and then rejected by the Senate.

–Ann Bartow

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Stimulating Gender Equality

As politicians and pundits debate the need for and contents of an economic stimulus program early in the Obama Administration, one issue has gained less attention than it should, and the attention it has gotten is – to my mind – largely of the wrong kind. The issue is Gender. How should women’s interests figure in the decisions about who and what should get invested in as we try to jump start our economy? Hundreds of billions of dollars in new public spending will likely form a significant part of the new administration’s priorities – roads and bridges will finally be repaired, new schools built, broadband internet services will extend to rural and low income communities, and major investments will be made in green technology. Linda Hirshman, a well-know cultural feminist and frequent contributor to the Huffington Post was recently interviewed on the NewsHour where she said that the best way to include women in the stimulus package would be to include ample funding for health care and schools since that would mean nurses and teachers would be beneficiaries of the bounty – professions where women are over-represented. After all, the bailout money doled out by the Bush Administration has largely ended up in the suitpockets of men: regular bankers and investment bankers.

I shuddered when I heard Hirshman say this on”the TV machine,”as Rachel Maddow calls it. I care deeply about the opportunity to expand gender-based justice provided by an enormous increase in federal spending. But the solution to gender-bias in the federal bailout isn’t to reinforce other gender asymmetries in the wage labor market. Sure, schools and hospitals should get ample amounts of funding in the stimulus package, but not because women work there, rather because our schools and hospitals are crumbling.

The hard work we need to do RIGHT NOW is make it clear to the Obama Administration that a serious commitment to gender equality requires that they tie the funding of road construction, school rebuilding, development of green technologies – and even the financial services industry – to non-discrimination on the basis of sex and race, but also to data collection and reporting on who is getting the money. Who owns the companies that get stimulus funding, who gets hired by those companies, and what work they’re doing. Affirmative action has become a dirty word, but there are plenty of other means by which the work traditionally done by white men can be transformed into work that does not have a proper gender and racial identity. New apprenticeship programs for women and people of color who have been closed out of certain industries will be needed – particularly for those who are retooling themselves after having been laid off. Many of these industries are unionized, and this may mean taking on the unions – strong supporters of Obama’s presidential campaign.

Funding sectors in which women are traditionally well-represented, as urged by Hirshman, accomplishes an old fashioned”women’s rights”victory by sending the money to where the women are. Yet by ignoring the gender justice stakes in sectors where women aren’t, we risk leaving in place the deeper root causes that make pink ghettos recognizable in the first place – the idea of”women’s work”and”men’s work”based on sex-role stereotyping.

We all remember the Rosie the Riveters from World War II who did the men’s work while the men were overseas fighting fascism, but those jobs were”given”back to the men when they returned from the War – after all, those were”their”jobs. The current financial emergency gives us the opportunity to make a longer-lasting transformation of the wage-labor market.

When we get on the phone to the Obama people telling them to pay attention to this issue, guess who answers the phone? Larry Summers. He’s the guy in charge of Obama’s economic team working on the stimulus package. And you remember Larry Summers – he’s the fella who holds the view that boys are naturally better at math and science than girls.

We’ve got lots of work to do, don’t we?

– Katherine Franke, cross-posted from Columbia Law School’s Gender & Sexuality Law Blog

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Susan Carle, “Short Notes on Teaching About the Micro-Politics of Class, with Examples from Torts and Employment Law Casebooks”

Abstract:
This short Essay explores several potential teaching moments in which one might raise issues concerning the micro-politics of socioeconomic class status. I discuss cases found in popular casebooks for three course areas in which I teach: torts, employment, and employment discrimination law. I show how analysis of dynamics related to socioeconomic class in discussing case outcomes can help expose assumptions about the naturalness or inevitability of the law’s withholding of dignity rights to persons of low socioeconomic status. Law can reinforce ideas that such subordination is natural to the workplace and market, when in fact those ideas are subject to potential challenge through law just as they are reinforced through it. I thus use case analysis to raise for classroom discussion the following question: Just as law can construct and enforce status hierarchies, might the notion of dignitary rights potentially be made to do positive work in law by disrupting the reinforcement of status hierarchies?

Downloadable here.

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There Are Holocaust Deniers, There Are People Who Argue That Slavery Was Good For African-Americans And Many, Many Rape Victims Are Disbelieved.

So its no surprise that one response to Nicholas Kristof’s recent column in the NYT on sex trafficking was what he describes here in a follow up column as “skepticism.” He further responds to his critics here at his blog. He observes:

My concern isn’t what consenting adults do. But the fact that there are some women who choose to sell sex doesn’t mitigate the horror of 14-year-old girls kidnapped and locked up in brothels until they get AIDS. Millions of girls today are kidnapped and enslaved, particularly in countries like India, Pakistan, Cambodia and Malaysia. Estimates are all over the map, with the U.N. referring to 1 million children enslaved in Asia, and Lancet estimating that up to 10 million children are engaged in prostitution around the globe. The journal Foreign Affairs estimated that more women are trafficked each year into brothels than the number of slaves transported annually to the New World at the peak of the trans-Atlantic slave trade.

Kristof admits he hasn’t paid much attention to trafficking in the United States, which I hope will change. I question the basis for his assumption that: “By and large, the young Asian women working as prostitutes in the U.S., for example, are not forced into the sex trade (although they often they are deceived about how much they will earn) and have some freedom of movement.” What research is this based on? And what about women and girls trafficked from other parts of the world? And I strongly disagree with his apparent definition of what voluntary prostitution is, based on these words:

By the way, there’s one fairly simple test that gives a strong sense of whether a girl is imprisoned or not. If the customer can take the girl back to his hotel room, then that suggests that she is not forced. If the brothel requires customers to sleep with girls in the brothel, then that suggests that she is imprisoned.

If a girl has nowhere else to go, or fears what will happen to her family members or herself if she does not return, I expect she will be “allowed” if not ordered to accompany johns to their hotel rooms. Kristof has given these johns a way to justify their acts (“hey, she came to my hotel, clearly this is what she wants to do, Kristof said so”). Also, I would think that unless the john’s real identity is known, girls are actually somewhat safer in a brothel than they are accompanying strangers to hotel rooms or who knows where.

But even given the problems with some of his reporting and conclusions, at least Kristof is giving the issue some attention. And I think he is correct that the law enforcement model works to some degree: If pimps know that they may be arrested and go to prison for trafficking women and girls, they are less likely to do it. Denying the existence of the problem just motivates them to continue.

–Ann Bartow

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Teenaged Girls and Dating Related Violence

An article in the NYT entitled “Killings Prompt Efforts to Spot and Reduce Abuse of Teenagers in Dating” [Note on January 4th: That WAS the title when I blogged this yesterday, but this morning the title has been changed to “A Rise in Efforts to Spot Abuse in Youth Dating”] acknowledges, but only tacitly, that girls are overwhelming the victims of boys. It mentions several cases of boys killing girls they were dating. And it comes very close to blaming the victims, in passages like this:

“Few adolescents understand what a healthy relationship looks like,”Dr. Miller said.
Adolescents often mistake the excessive attention of boys as an expression of love, she said.

And this:

Many teenagers, Ms. Berry said,”see the jealousy and protectiveness as ‘Oh, he loves me so much.’ Girls make excuses for it and don’t realize it’s not about love, but it’s about controlling you as a possession.”

Meanwhile, the violent boys are depicted as victims of societal conditioning, as evidenced by this excerpt:

While texting that runs to 200 or 300 messages a day can be a prelude to abusive behavior, William S. Pollack, a Harvard University psychologist and the author of”Real Boys”(1998) and”Real Boys’ Voices”(2000) about boys and masculinity, said his research had found that”usually when adolescent boys get involved with girls, they fall into the societal model which we call ‘macho,’ where they need to show they are the ones in control.”

The sheer number of girls who are physically abused and killed by boys in a dating related context seems to make the phenomena less visible than other kinds of targeted violence. The headline for this article should have specified that its topic was the killing and abuse of GIRLS. The NYT was wrong to de-emphasize the gendered nature of the violent acts the article highlights.

–Ann Bartow

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Thoughful New Year’s Wishes From A Commenter

May the light
always find you
on a dreary day.
When you need to be home,
may you find your way.
May you always have courage
to take a chance,
And never find frogs in your
underpants.

Happy New Year

-thebewilderness

(Elevated from the comments here.)

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“The Good Kind of Feminist”

A great post by Susie at Echidne of the Snakes. She takes on the view promulgated by so many “male feminists” that if only women would bow to their superior leadership and be nicer, quieter, prettier, and more solicitous of men, men would readily see us as equals.

–Ann Bartow

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Track Your Period the Feminist App Way

Search iPhone applications for the word “feminist,” and here is what you’ll find:

1.  Period Tracker

2. Par 72 Golf

3. Twelve Steps Companion

4.  iMensies [sic] (Period Calendar)

5. IMC Calc (BMI Calc).

The market for feminist apps might not be the largest, but how about a “Feminist Quote of the Day”?  Or “This Day in Feminist Legal History?”  Until then, I can download a pink flower to the middle of my home screen to indicate ovulation and “the rest of [my] six day ‘fertile window.'”

-Bridget Crawford

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A Global First: Openly Gay Appointee to a Nation’s Highest Court

In a genuinely pathbreaking act, South African President Mothlanthe has appointed Edwin Cameron, a justice on the Supreme Court of Appeal, as a judge of the Constitutional Court, the highest court in South Africa. Judge Cameron becomes the first openly gay man or woman ever appointed to a nation’s highest court. HT to Robert Wintemute, who noted in an e/mail that Justice Michael Kirby of Australia has served as an openly gay member of that country’s highest court, but was not out when he was appointed.

A former Rhodes Scholar who became a human rights lawyer, Judge Cameron is the co-author of several books, including Witness to AIDS, a memoir about his experiences as a person living with AIDS, and Defiant Desire: Gay and Lesbian Lives in South Africa. During his time on the Court of Appeal, he has been a leader in developing that nation’s civil rights and liberties jurisprudence.

Last summer, Judge Cameron addressed the International AIDS Conference in Mexico, arguing that homosexual sexual conduct should be decriminalized throughout the world, as a necessary step in fighting AIDS. (video here) He is the co-author (with Scott Burris – Temple Law) of a scholarly paper elaborating that argument.

This is an extraordinary moment, one of those historic firsts that actually matter. By contrast, the U.S. has only one openly lesbian federal judge – the wonderful Debbie Batts in the Southern District of New York.   But – There are no openly gay or lesbian federal judges at the appellate level anywhere in the U.S.

Four years from now, I hope that number will be much higher.

Nan Hunter – Cross-posted at hunter of justice

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The South Carolina Star Chamber – Whites Only Division

So here in Columbia SC there are still “whites only” organizations, and one of them is the Forest Lake Country Club. The local newspaper reported:

The nearly 80-year-old Forest Lake Club : whose deed has a whites-only restriction : has no black members, said four club members. They asked not to be identified because the club does not discuss its membership.

The Club may not discuss its membership, but everybody else has been. The same newspaper article linked above further reports:

State GOP chairman Katon Dawson, who is campaigning to lead the national Republican Party organization, has resigned a 12-year membership in a whites-only Columbia country club.

Dawson said last week his continued membership at Forest Lake Club could become a distraction to his efforts to help win elections for Republicans in South Carolina. …

And:

Forest Lake, tucked off Trenholm Road, made headlines in the late 1980s when a then-commanding general at Fort Jackson, Robert Solomon, said he had been denied a complimentary membership because he was Jewish. The club now has Jewish members.

So the club started admitting Jewish members, but remains whites only. Who else belongs to this club? Enter the blogs. According to this blog, members have included a former South Carolina governor, a former President of my employing University, a sitting Federal Judge, and Henry McMaster, current SC Attorney General. This blog offers confirmation on McMaster and others, as of 2008.

What is claimed to be the 2004 by-laws, rules and membership directory is available in two parts here and here. There are a few humorous aspects to the by-laws, like section 8 on page 23 that announces the Club is “Not Responsible For Personal Property On Club Premises.” This suggests a wee bit of a theft problem among the self selected white ruling elite. But mostly none of this is funny at all, just nauseating. I was really sorry to see so many familiar names in that directory.

The role of blogs in publicizing this story is interesting to consider. People who work at our local newspaper are among the Club’s members, which may or may not be the reason its coverage has been so sparse, but blogs are certainly filling the gap.

–Ann Bartow

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More About Rick Warren: Sexist As Well As Homophobic

His homophobia has been widely discussed, but his sexism not as much. Bring yourself up to date here.

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Thinking Critically About Sex Trafficking

That’s the title of this post at Sociological Images. It asserts that readers:

… ought be critical consumers of stories about sex trafficking, the moving of girls and women across national borders in order to force them into prostitution.   Without denying that sex trafficking occurs or suggesting that it is unproblematic, Agustin wants us to avoid completely erasing the possibility of women’s autonomy and self-determination.

I tried unsuccessfully (at least so far) to leave this comment in response (I’ve edited it slightly to embed the links):

Critical thinking, that’s the ticket. Can we call it trafficking if the women were actually young girls? Because that is what a synopsis the related news report says:

“This is a news report done by Ana Garcia in 2003 which has dramatic footage of child prostitution where Mexican sex traffickers brought Mexican children to the Vista migrant camp for prostitution. This is the same Mexican crime syndicate brought to the world’s attention with Peter Landesman’s The Girls Next Door article where it was revealed that under-aged girls as young as 9 years old were being brought for mass prostitution in the San Luis Rey riverbed in Vista and Oceanside, California. Local law enforcement has been ordered to not associate Oceanside, Vista, and Carlsbad with the sex trafficking of Mexican minors since so much money is tied up in development and they don’t want anyone to get the idea that Mexican children are being sex trafficked regularly to San Diego County. Ana Garcia also revealed sex trafficking of Mexican minors and prostitution at the McGonigle Canyon migrant camps and footage was taken showing the girls having sex with the migrants and other”johns”who came to have sex with the children. The racist SDPD (San Diego Police Department) failed to protect these girls because they were Mexican and because the McGonigle Canyon migrant camp was a”no go zone”so they refused to stopped the prostitution of Mexican children. John Monti turned in a grand jury complaint about this which the illuminati of San Diego County spiked, but couldn’t since the press conference after was videotaped and the North County Times ran an article on it. Assistant Chief Boyd Long, SDPD, continued to deny knowledge of the sex trafficking of Mexican minors in McGonigle Canyon to be politically correct at the cost of the lives of Mexican children. It is irrefutable that the SDPD knew that girls were being trafficked to McGonigle Canyon, yet no one refuses to investigate the SDPD because the lives of undocumented Mexican children who are sex trafficked don’t count and the city and county government is tightly controlled. The Mexican child sex traffickers as recently as June 2008 are known to have set up another”outdoor brothel”in the area of Rancho Penasquitos. There is yet to be any public acknowledgement of what had been happening in McGonigle Canyon and no formal apology to Mexican and Central American families whose daughters had been abducted and trafficked for prostitution. Maybe if the girls had Anglo names like Danielle Van Dam….. “

Guess what, in 2006 another investigation found that nine year old girls were still showing”agency” in the same geographic area, without any apparent intervention by law enforcement.

Let me further respond with a couple of links, here and here.

Oh, and here is what a NYT reporter concluded in this article in 2004:

The operating assumption among American police departments is that women who sell their bodies do so by choice, and undocumented foreign women who sell their bodies are not only prostitutes (that is, voluntary sex workers) but also trespassers on U.S. soil. No Department of Justice attorney or police vice squad officer I spoke with in Los Angeles : one of the country’s busiest thoroughfares for forced sex traffic : considers sex trafficking in the U.S. a serious problem, or a priority. A teenage girl arrested on Sunset Strip for solicitation, or a group of Russian sex workers arrested in a brothel raid in the San Fernando Valley, are automatically heaped onto a pile of workaday vice arrests.

The problem isn’t that people are too quick to see sex trafficking. The problem is that people refuse to see it. As I have blogged about before, the Bush Department of Justice has opposed using federal resources to help women who are trafficked for sex. And, see also. An article here lays out a complicated situation in which a man who filed a grand jury complaint against the San Diego Police Department for failing to investigate human trafficking and child prostitution in McGonigle Canyon was arrested for weeks later on assault charges, for which a jury ultimately found him “not guilty,” according to the linked report.

Trafficked women are very profitable to pimps, and to the people they pay off. That, I’d guess, is the key to the whole thing.   Well, that and virulent misogyny.

–Ann Bartow

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A Suspect But Not A Suspect Class: Court Denies Equal Protection Challenge To California’s Domestic Violence Character Evidence Rule

I would like to thank Ann Bartow for extending me the invitation to post here.   I am in my second year at The John Marshall Law School, where I teach Evidence, Civil Procedure, and Criminal Procedure.   I do my primary blogging at EvidenceProf Blog, and my posts here will  address opinions and articles that deal with evidence law and which I think might be of interest to readers of this blog.   Conveniently, my first post is about a New Year’s-related opinion:

The recent opinion of the United States District Court for the Northern District of California    in Dixon v. Runnels, 2008 WL 3539515 (N.D. Cal. 2008), contained a rare Equal Protection  challenge to a rule of evidence.   And like a similar Equal Protection  challenge launched against Federal Rule of Evidence 414, it was correctly not received with open arms.

In Runnels, Melvin Gaines arrived home at 12:30 A.M. on January 2nd, 1997 and found his mother, Debra “Dimples” Gaines,  who had  passed away  after being stabbed 28 times, including 3 fatal wounds.   A pathologist later determined that Debra died between 18 and 30 hours before  Melvin discovered her body.   Suspicion soon turned to Debra’s husband, Larry Dixon, who allegedly had committed several prior acts of domestic violence against  both his former girlfriend and his  ex-wife.   Eventually Dixon was both charged  with the first degree murder of Debra and convicted after  the prosecution elicited testimony  concerning  his prior misdeeds.

If Dixon’s  trial were conducted  in a court using either the  Federal Rules of Evidence  or most state counterparts, this evidence would have been inadmissible pursuant to some version of Rule 404(b), which states that “[e]vidence of  other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.”   But Dixon’s  trial was heard in California state court, and California Evidence Code Section 1109(a)(1)  states that:

        “Except as provided in subdivision (e) or (f), in a criminal action in which the defendant is accused of an offense involving domestic violence, evidence of the defendant’s commission of other domestic violence is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352.”

Dixon thus  was met with failure when he tried to appeal  his conviction in the California state court system, and he eventually filed a  petition for a writ of habeas corpus to vacate his conviction, claiming, inter alia, that Section 1109 “violated his equal protection rights because the statute singles out for unequal treatment individuals who are accused of committing violent offenses against persons with whom they have had a domestic relationship.”   According to Dixon,  “he should [have]  be[en] treated like other individuals who are accused of committing violent crimes against non-domestic partners.”

The court, however, rapidly rejected this argument, noting that the Ninth Circuit in United States v. LeMay, 260 F.3d 1018 (9th Cir. 2001),  turned away a similar Equal Protection  argument that a defendant  launched against Federal Rule of Evidence 414, which states that:

        “In a criminal case in which the defendant   is accused of an offense of child molestation, evidence of the defendant’s commission of another offense or offenses of child molestation is admissible, and may be considered for its bearing on any matter to which it is relevant.”

According to the Ninth Circuit in LeMay, sex offenders are not a suspect class under the Fourteenth Amendment, meaning that  Federal Rule of Evidence 414  is constitutional because it bears a reasonable relationship to the legitimate governmental interest of prosecuting crime  and  furthers that interest by allowing the prosecution to introduce relevant evidence to help convict sex offenders.

The Northern District of California  in  Runnels adopted this same reasoning in finding California Evidence Code Section 1109(a)(1)  withstood Runnels’ Equal Protection  challenge.   According to the court,

        “Similarly, individuals who commit violent offenses against their domestic partners are not a suspect class. Thus, § 1109 is constitutional if it bears a reasonable relationship to a legitimate government purpose. Prosecuting domestic violence crimes is a legitimate government interest and § 1109 furthers that interest. Therefore, § 1109 does not violate Petitioner’s equal protections rights. Petitioner’s Equal Protection claim is DENIED.”

It seems to me that both the Northern District of California  and the Ninth Circuit reached the correct conclusion, and, because rules of evidence do not tend to apply disparately to suspect classes, I don’t think that litigants will find much success in raising Equal Protection  challenges against them.

-Colin Miller

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“New Norway law bans buying of sex”

From the BBC News:

A new law has come into force in Norway making the purchase of sex illegal.

Norwegian citizens caught paying for prostitutes at home or abroad could face a hefty fine or a six-month prison sentence, authorities say.

The prison sentence could be extended to three years in cases of child prostitution.

The Norwegian authorities say they want to stamp out sex tourism and street prostitution by targeting clients rather than prostitutes.

“We think buying sex is unacceptable because it favours human trafficking and forced prostitution,” deputy Justice Minister Astri Aas-Hansen was quoted as saying by the AFP news agency.

Wire-tapping

The tough new measures go further than similar ones introduced by other Scandinavian countries such as Sweden and Finland.

Norwegian police have been authorised to use wire-tapping devices to gather evidence.

There has already been a visible decrease in women working on the streets of central Oslo, local media report.

Prostitutes will be offered access to free education and health treatment for those with alcohol or drugs problems.

The government had already launched a publicity campaign before the law came into force.

Critics of the new regulations say prostitution will simply be driven underground and will be more difficult to control.

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Ann M. Valk, “Radical Sisters: Second-wave Feminism and Black Liberation in Washington, D.C.”

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Haven’t read this book but it looks interesting. From the publisher:

“Radical Sisters” is a fresh exploration of the ways that 1960s political movements shaped local, grassroots feminism in Washington, D.C. Rejecting notions of a universal sisterhood, Anne M. Valk argues that activists periodically worked to bridge differences for the sake of improving women’s plight, even while maintaining distinct political bases. Washington, D.C. is a critical site for studying the dynamics of the feminist movement, not only for its strategic location vis-a-vis the federal government but because in 1970 over seventy percent of the city’s population was African American. While most historiography on the subject tends to portray the feminist movement as deeply divided over issues of race, Valk presents a more nuanced account, showing feminists of various backgrounds both coming together to promote a notion of ‘sisterhood’ and being deeply divided along the lines of class, race, and sexuality.In exploring women’s unity (or lack thereof) in the liberation movement, Valk shows how African American women activists, who were primarily focused on racial and economic justice, influenced and provided important opposition to the organizational activities of white women. Going beyond self-identified Washington feminists to include critics, outsiders, occasional supporters, and those supportive of the movement but not directly affiliated with it, Valk documents interactions between groups working against sexism, racism, and poverty. “Radical Sisters” uncovers the fruitful, but often divisive, connections between movements for urban change, welfare rights, reproductive control, and black liberation, while detailing their impact on the ideas, ideals, and activities embraced by modern feminism.

Love to hear from anyone who has read it!

–Ann Bartow

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Bank of America “has an $8.4 million, seven-year contract with Michigan State giving it access to students’ names and addresses and use of the university’s logo. The more students who take the banks’ credit cards, the more money the university gets. Under certain circumstances, Michigan State even stands to receive more money if students carry a balance on these cards.”

And Michigan State is far from the only university to engage in this nefarious practice. I don’t know exactly what my own school’s practices are in this regard, but I’ve certainly seen credit card solicitations happening on campus. It’s sad and disturbing to think about colleges taking advantage of students in this way, while simultaneously raising tuition every year. In September commercial law expert Elizabeth Warren wrote at the Credit Slips blog:

I connect the the dots this way: First, the projected defaults for AmEx suggest that trouble is climbing the income ladder. Second, the projected defaults suggest that the economic news is going to get uglier in 2009. And, third, the credit card issuers’ plan to avoid complete collapse is to find more people to borrow money, presumably at prices high enough to offset the losses. And all three dots suggest the plan won’t work.

Credit card companies will often pressure parents to pay off the balances that their student children accumulate on university facilitated credit cards, often without their knowledge. They aggressively inform the parents that their children will face bleak futures if their credit ratings are poor, because they will be unable to buy cars, or rent apartments, or even to obtain employment because some employers run credit checks on prospective employees. I couldn’t do my job without a credit card. Hotels will not even make reservations for someone who does not have a credit card. When I travel for work, or to host people visiting the law school for professional reasons, I am usually required to front all expenses, and then wait to be reimbursed, which sometimes takes months. I think this phenomena is true for a lot of people, and the credit card companies energetically exploit it.

–Ann Bartow

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“Shocks fit well into the brothel business model because they cause agonizing pain and terrify the girls without damaging their looks or undermining their market value.”

That’s a quote from this Nicholas Kristof column in the NYT. The protagonist of the column was finally freed from the brothel in which she had been imprisoned by a police raid. There are many pimps who, under the guise of promoting “sex workers rights” would like to prevent law enforcement from investigating brothels, so that they can more effectively control their slaves.   Kristof highlights the important work of Somaly Mam in fighting these efforts.

Kristof justifiably decries sex slavery in “poor countries” and closes with these words:

I hope that Barack Obama and Hillary Clinton will recognize slavery as unfinished business on the foreign policy agenda. The abolitionist cause simply hasn’t been completed as long as 14-year-old girls are being jolted with electric shocks : right now, as you read this : to make them smile before oblivious tourists.

My question for Kristof is, what about the sex slaves right here in the U.S.? This may not be a “poor country” but there are a lot of poor people who live here, or are trafficked here, and many are similarly enslaved. Framing the problem as something that happens “over there” is flat out wrong, and it buttresses false and dangerous assumptions that women working as prostitutes in this country are doing so voluntarily, when this is true for a small percentage at best.   Kristof is a journalist; he could find reports of domestic sex trafficking in the newspapers on virtually a daily basis. Hey, here’s one from December 30th that took about three seconds to find using Google. Here’s another from the very same day.   Here’s one from last week. Here’s one from December 20th. It’s not hard to find the evidence if you are willing to look for it. Kristof could read about it in his own newspaper.

I save for another day my rant about how, once a camera enters the room to record the rapes so they can be further monetarily exploited as pornography, the Supposedly Liberal Doods and their fans agressively promote the view that this is a protected First Amendment excercise, because coerced prostituted women are obviously showing “agency” and to suggest otherwise is misogynist.

–Ann Bartow

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Happy New Year!

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Happy New Year!

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Happy New Year!

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Happy New Year!

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Happy New Year!

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