Women and Girls As Property

The source is the Daily Mail, a newspaper of somewhat dubious reliability, and I can’t find similar accounts anywhere else, but fwiw (ETA: Guardian article here):

Saudi court tells girl aged EIGHT she cannot divorce husband who is 50 years her senior

A Saudi court has rejected a plea to divorce an eight-year-old girl married off by her father to a man who is 58, saying the case should wait until the girl reaches puberty.

The divorce plea was filed in August by the girl’s divorced mother with a court at Unayzah, 135 miles north of Riyadh just after the marriage contract was signed by the father and the groom.

Lawyer Abdullar Jtili said:”The judge has dismissed the plea, filed by the mother, because she does not have the right to file such a case, and ordered that the plea should be filed by the girl herself when she reaches puberty.”

“She doesn’t know yet that she has been married,” Jtili said then of the girl who was about to begin her fourth year at primary school.

Relatives who did not wish to be named said that the marriage had not yet been consummated, and that the girl continued to live with her mother.

They said that the father had set a verbal condition by which the marriage is not consummated for another 10 years, when the girl turns 18.

The father had agreed to marry off his daughter for an advance dowry of £5,000, as he was apparently facing financial problems, they said.

The father was in court and he remained adamant in favour of the marriage, they added.

Mr Jtili said he was going to appeal the verdict at the court of cassation, the supreme court in the ultra-conservative kingdom which applies Islamic Sharia law in its courts.

Arranged marriages involving pre-adolescents are occasionally reported in the
Arabian Peninsula, including in Saudi Arabia where the strict conservative Wahabi version of Sunni Islam holds sway and polygamy is common.

Share
Posted in Coerced Sex, Feminism and Culture, Feminism and Families, Feminism and Law, Feminism and Religion, Sisters In Other Nations | Comments Off on Women and Girls As Property

Positive Application of Sex Trafficking Laws: A Case Study

Ex-law clerk sentenced in prostitution case
By Dan Herbeck
NEWS STAFF REPORTER

A former State Supreme Court official who used his motor home to transport an illegal alien prostitute from Hamburg to Kentucky was sentenced Tuesday by a federal judge to four months of home confinement.

Michael R. Stebick, 61, of Orchard Park, also was put on probation for two years, ordered to pay a $5,000 fine and directed to provide 250 hours of community service by U. S. District Judge William M. Skretny.

Stebick was sentenced in connection with a federal probe into human trafficking activities by a nationwide men’s organization known as the Royal Order of Jesters.

Investigators have learned that, on a number of occasions, organizers of Jesters parties arranged for prostitutes to cross state lines to attend weekend conventions sponsored by the 23,000-member organization.

In Stebick’s case, according to Skretny, the Jesters put a Buffalo prostitute up in a hotel room in Ashland, Ky., where they posted a”$70-an-hour”sign outside her door.

“In my judgment, what you did was irresponsible, [and] it was illegal,”Skretny said.”You have a history with the Jesters, and that history hasn’t been innocent.”

While the judge had some harsh words about Stebick’s conduct, he gave the defendant a break. Federal sentencing guidelines, which are advisory, called for a sentence of 4 to 10 months’ incarceration.

Under a felony plea deal Stebick took in August, he also agreed to forfeit to the federal government his 2000 Challenger motor home, which he used to transport the prostitute and some club members to the Kentucky Jesters in October 2005.

At the time of the crime, federal prosecutors said, Stebick was the law clerk to State Supreme Court Justice Ronald H. Tills, who took a plea deal in the same case and is awaiting sentencing.

Federal agents learned of the illegal activities of Tills, Stebick and other Jesters while conducting an investigation into prostitution activities at massage parlors in Erie and Niagara counties.

Skretny said he is aware that Stebick is known in the legal community as a caring, compassionate man but said his illegal actions showed no concern for the”pain and dehumanizing shame of the victims of human trafficking.”

Assistant U. S. Attorney Robert C. Moscati said the case is under investigation by the Western New York Human Trafficking Task Force and Alliance. The task force includes members of the FBI, U. S. Border Patrol, the Erie County and Niagara County Sheriff’s Offices and U. S. Immigration & Customs Enforcement.

Stebick, who was represented by attorneys Joel L. Daniels and Andrew C. LoTempio, apologized for the embarrassment his actions caused his friends and family.

Stebick’s only role in the Kentucky trip was driving the motor home, which he did at the request of Tills, Daniels said.

“He’d never been to that massage parlor,”Daniels said.”He didn’t know the ladies over there . . . He should have known better. We make no excuses for what happened here.”

Skretny noted that Stebick has claimed he was acting at the direction of his boss, Tills, when he agreed to drive the prostitute to Kentucky.

“That’s no excuse,”Skretny said.

The judge also said he was disturbed that Stebick has apologized to his friends and family for his conduct but not to the women who worked as prostitutes for the Jesters. He described Stebick’s apology as”narcissistic.”

In addition to the Kentucky trip, Skretny said, authorities learned about other Jesters trips Stebick took, also involving prostitutes.

“This is [about] more than just you,”Skretny said. “That crime was not victimless.”
Continue reading

Share
Posted in Coerced Sex, Feminism and Law | Comments Off on Positive Application of Sex Trafficking Laws: A Case Study

Happy Holidays!

Via.

Share
Posted in Bloggenpheffer | Comments Off on Happy Holidays!

Globalization of Surrogacy Markets – US and India

Nazneen Mehta is a second-year law student at Columbia Law School and is writing a Note on the international market in surrogacy services – particularly between relatively affluent “intended parents” in the US and poor female surrogates in India. Her Note will examine the ways in which this market might better be regulated by law in order to protect the rights and interests of the surrogates in India. Her research has taken her to Mumbai, India over the winter break to better understand the conditions under which the surrogates are working. What follows are her initial reflections on this research, cross posted from the Columbia Law School Gender & Sexuality Law Program Blog:

Alex Kuczynski’s story,”Her Body, My Baby,”about her experience bonding with the woman who became her son’s surrogate mother portends the rise of what Noa Ben-Asher on this blog suggested are”new and surprising extra-legal familial structures.”

But, maybe not. In a largely obscure industry that is becoming increasingly transnational, Kuczynski’s story could be the outlier.

Surrogacy has quietly spread beyond national borders, creating a multi-million dollar global industry that joins together women like Kuczynski with poor women in developing nations. But unlike Kuczynski and her surrogate, Cathy Hilling (with whom she was on a first-name basis), the surrogates in these developing nations will never share tuna sandwiches or host backyard barbeques with the”intended parents.”

In fact, very few surrogates in developing nations will meet the parents for whom they are carrying a child. As a doctor at an international surrogacy clinic in Mumbai, India, related to me, the clinic discourages intended parents from meeting the woman the center has chosen to be the surrogate. The doctor explained that the women come from the ranks of India’s poor, and if they”see foreigners,”the women may try to get more money or resources out of the intended parents. There is no”wink and nod”custom, and the reality of class division lie exposed between the intended parents and the surrogate.

The selection process further removes intended parents from knowing the individual women who become their surrogates. Kuczynski pored over the profiles of potential surrogates, reading each woman’s personal story and employment demands. International surrogacy agreements, however, are largely facilitated by surrogacy clinics operating in developing nations. The clinics recruit a pool of poor women to become surrogates and then assign the women to intended parents. There are no personal stories about the women’s lives or ambitions to distinguish one from another; women need only pass the clinics’ health and psychological screening to become a surrogate. (The selection process implicates the issues of race and class discussed by Khiara Bridges on this blog, and suggests that her analysis of Black women in the U.S. could extend to poor women of color in developing nations).

I make these comparisons between international surrogacy and Kuczynski’s story not to push normative claims about either type of surrogacy agreement. Rather, I contrast the two models to bring international surrogacy into the discussion. And to suggest that in the battle between the legal frameworks mentioned by Ben-Asher:the surrogate as hired outsider vs. surrogate as extended family member:the former may be pulling ahead.

Share
Posted in Feminism and Families, Feminism and the Workplace, Feminist Legal Scholarship, Reproductive Rights, Women's Health | Comments Off on Globalization of Surrogacy Markets – US and India

California AG Brief in Prop. 8 Lawsuit

On Friday, California Attorney General Jerry Brown filed his brief in the pending lawsuit concerning the validity of Proposition 8. (For prior posts on Prop. 8, see here, here, and here.) In a surprise move, the Attorney General came out against Proposition 8. It had been expected that, as the top law enforcement officer in California, the Attorney General would defend the measure.  Based on an admittedly quick read, I found this rather long (i.e., 92-page)  brief  to be a bit perplexing in ways that, of course, did not make it into mainstream news stories about the brief.  

For the first about 75 pages, the Attorney General comes out squarely against the plaintiffs’ arguments in the lawsuit. The Attorney General insists that the plaintiffs’ argument that Proposition 8 is a “revision” rather than an “amendment” of the constitution is inconsistent with past precedent, which has affirmed initiatives that have added, deleted, or limited provisions in the Declaration of Rights in the California constitution and that have implicated rights declared to be “fundamental.” The Attorney General also criticizes the plaintiffs’ argument that this situation requires more searching scrutiny than in past cases because it involves the rights of a group that has now been labeled a suspect class by the California Supreme Court. The Attorney General calls this suggestion “problematic” because it would make the “amendment” versus “revision” analysis turn on the precise legal reasoning of a particular case. This would create an incentive for the California Supreme Court to decide that certain rights are fundamental or certain classes are suspect (rather than deciding a case on narrower constitutional grounds) in order to insulate its decision from being overturned through the initiative process. It would also call into doubt the validity of past propositions that are now considered to be the settled law of California.

Then, in the last about 16 pages, much of which consists of long quotes and footnotes, the Attorney General pivots and argues that Proposition 8 is invalid because the right to liberty in the California constitution is, by its own terms, inalienable. This right to liberty, the Attorney General argues, includes the right to marry–a right to marry that has evolved over time in California to include both interracial marriage and same-sex marriage. Being inalienable, the Attorney General argues that the right to liberty/right to marry of lesbians and gay men cannot be abrogated either by the legislature or by the electorate (circumventing the legislature through the initiative process, as it did in enacting Prop. 8), without demonstrating some compelling interest given that this right is considered fundamental and it involves the enjoyment of the right by a suspect class.

While I certainly favor the Attorney General’s conclusion in this last section of the brief, the argument supporting that conclusion seems to be at odds with the argument in the rest of the brief. After all, if same-sex marriage is encompassed in the evolving right to liberty, why aren’t the rights of criminal defendants also included in the right to liberty? As discussed at length in the first part of the brief, the rights of criminal defendants have been limited by initiative in the past. Under the Attorney General’s theory, why isn’t the validity of these past initiatives not similarly cast in doubt because they infringe on the inalienable right to liberty (either as presently construed or as it is to be construed as it evolves in the future)? Doesn’t the Attorney General’s argument thus cast the same doubts on prior initiatives that he accuses the plaintiffs in the Prop. 8 lawsuit of creating? Moreover, why should the Attorney General’s point that this case involves a fundamental right and a suspect class be any more availing in the context of his own argument than it was for the plaintiffs? Wouldn’t the Attorney General’s argument create the same incentives for the California Supreme Court to frame its analysis of constitutional questions in terms of inalienable rights, fundamental rights, and suspect classes so as to circumvent the initiative process? The arguments are clearly novel; I just question whether they were particularly well thought-out.

I would be very interested in hearing others’ thoughts on this unusual brief.

-Tony Infanti

Share
Posted in LGBT Rights | Comments Off on California AG Brief in Prop. 8 Lawsuit

LGBT Rights as Human Rights

For the first time, a declaration on LGBT rights was read in the United Nations General Assembly yesterday. (The New York Times  story can be found here.) The declaration, which won the support of 66 countries and was read by Ambassador Jorge Arguello of Argentina, seeks to decriminalize sexual orientation and gender identity. From the Human Rights Watch news release:

“The 66 countries reaffirmed ‘the principle of non-discrimination, which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity.’ They stated they are ‘deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity,’ and said that  ‘violence, harassment, discrimination, exclusion, stigmatization and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity.’

“The statement condemned killings, torture, arbitrary arrest, and ‘deprivation of economic, social and cultural rights, including the right to health.’ The participating countries urged all nations to ‘promote and protect human rights of all persons, regardless of sexual orientation and gender identity,’ and to end all criminal penalties against people because of their sexual orientation or gender identity.”

An opposing statement, which was supported by 60 countries, was read by the Syrian representative to the United Nations.

In a move that should surprise absolutely no one, the United States did not support the declaration in favor of LGBT rights. According to the New York Times:

“The official American position was based on highly technical legal grounds. The text, by using terminology like ‘without distinction of any kind,’ was too broad because it might be interpreted as an attempt by the federal government to override states’ rights on issues like gay marriage, American diplomats and legal experts said.”

I wonder if anyone bothered to tell these diplomats and legal experts that the federal government already overrides states’ rights on issues like same-sex marriage through the federal Defense of Marriage Act.  (See  1 U.S.C. § 7.)  Even when a state like Massachusetts or Connecticut recognizes same-sex marriages, the federal government obstinately refuses to recognize those marriages even though it has traditionally deferred to the states on questions of marital status.  

In another LGBT rights victory at the United Nations yesterday, the General Assembly adopted a resolution condemning extrajudicial executions. The resolution, as passed, contains a specific reference to killings based on sexual orientation. Uganda had moved to delete that reference; however, that motion was rejected 78-60.

If you are interested in LGBT rights as human rights, you should check out the Yogyakarta Principles here.

-Tony Infanti

Share
Posted in LGBT Rights | Comments Off on LGBT Rights as Human Rights

Buyers’ Market for Egg Donation?

This WSJ article entitled “Ova Time: Women Line Up To Donate Eggs — for Money” notes that clinics have seen an increase in the number of women applying to “donate” their eggs or serve as surrogates, positing that the surge is caused by the economic turmoil. With the increase in applicants, one clinic stated that surrogacy has become a “buyer’s market.” Even more distressing in my opinion is this quote from the president of a Chicago-based reproductive agency: “We’re even getting men offering up their wives. It’s pretty scary.” Scary indeed.

–Guest Blogging Law Clerk

Share
Posted in Feminism and Families, Guest Blogger, Reproductive Rights, Women's Health | Comments Off on Buyers’ Market for Egg Donation?

How much ad revenue can various for profit blogs reap off the misery and misfortunes of a desperate and depressed law student?

A lot, apparently. I’m not going to link to any of them, because whether they are being disgustingly licentious or self-aggrandizingly professing great concern, at the end of the day they are all about the links and the clicks and the page ranks, and the money the story generates. The law student wants the story to quiet down. She couldn’t have been clearer about that. There are plenty of avenues to privately offer help and support to her, if that is what somebody truly wanted to do. Here is just one idea that anybody with a passing familiarity with law schools and a shred of decency would have thought of: Contact the appropriate Dean of Students and ask someone there to pass along good wishes, and faciliate the private direction of any monetary gifts.

–Ann Bartow

Share
Posted in Academia, Acts of Violence, Feminism and Law, Law Schools | Comments Off on How much ad revenue can various for profit blogs reap off the misery and misfortunes of a desperate and depressed law student?

Except In Bed.

Via.

My recent cookie based fortunes include:

The person you are thinking of is also thinking of you.

You have an ability to sense and know higher truth.

You will become a philanthropist in your later years.

You have the rare ability to decide quickly and wisely.

Your talents will prove to be especially useful this week.

Your lucky number for this week is nine.

You will have a chance soon to make a profitable transaction.

Share
Posted in Bloggenpheffer | Comments Off on Except In Bed.

Homophobic Clergyman Chosen To Give Invocation At Obama’s Inauguration

People For the American Way President Kathryn Kolbert writes:

Pastor Warren, while enjoying a reputation as a moderate based on his affable personality and his church’s engagement on issues like AIDS in Africa, has said that the real difference between James Dobson and himself is one of tone rather than substance. He has recently compared marriage by loving and committed same-sex couples to incest and pedophilia. He has repeated the Religious Right’s big lie that supporters of equality for gay Americans are out to silence pastors. He has called Christians who advance a social gospel Marxists. He is adamantly opposed to women having a legal right to choose an abortion.

I’m sure that Warren’s supporters will portray his selection as an appeal to unity by a president who is committed to reaching across traditional divides. Others may explain it as a response to Warren inviting then-Senator Obama to speak on AIDS and candidate Obama to appear at a forum, both at his church. But the sad truth is that this decision further elevates someone who has in recent weeks actively promoted legalized discrimination and denigrated the lives and relationships of millions of Americans.

Rick Warren gets plenty of attention through his books and media appearances. He doesn’t need or deserve this position of honor. There is no shortage of religious leaders who reflect the values on which President-elect Obama campaigned and who are working to advance the common good.

Share
Posted in Feminism and Politics, LGBT Rights | Comments Off on Homophobic Clergyman Chosen To Give Invocation At Obama’s Inauguration

Morningstar Veggie Bacon Strips Get Panned.

Here. Below is a salty excerpt:

First impressions: when you open the packaging, you’re hit by a pretty assertive synthetic aroma, an almost-but-not-quite right recreation of the meaty, smoky bacon smell. This eerie sort of Bacon Uncanny Valley continued into the visual : check out the pictures, this fake bacon just looked like unchewed sticks of gum. It made me anxious : some primordial fear inside me clicked on, because the stuff just does not look like food.

Sadly, it did not occur to the reviewista to wash them down with a couple of cans of this:

Share
Posted in Baconpheffer | Comments Off on Morningstar Veggie Bacon Strips Get Panned.

Are Ads Like This Okay If The Model Was Bettie Page?

Ad copied from here. I’m not posing the question in the post title seriously, in case that needs saying. I’m just kind of surprised that some of the bloggers who (correctly) take issue with the above clothing ad haven’t challenged the “Bettie Page as exuberant icon of sexual liberation” narrative. I don’t find the duncan quinn ad all that different than this:

…especially since Bettie Page has publicly said she felt she had to do bondage shoots to continue to get other work, and that the pain reflected in her facial expressions in some of the photos is real. Google Bettie Page and bondage if you want to see photos of Bettie feigning (one hopes) unconsciousness just like the model above, and in very similar poses.

Share
Posted in Coerced Sex, Sexism in the Media | Comments Off on Are Ads Like This Okay If The Model Was Bettie Page?

Quebec’s “parenting project” — a law like nothing we have in the US

Thanks to McGill law professor Robert Leckey, for his article in English analyzing a Quebec law that went into effect in 2002, at the same time the province instituted civil unions. (Marriage for same-sex couples was not yet legal in Canada). This parentage law (they call it “filiation”) makes it possible for a lesbian couple to be the legal parents of the child born to one of them from birth, without the non-biological mother having to adopt the child.

The new statute begins:

A parental project involving assisted procreation exists from the moment a person alone decides or spouses by mutual consent decide, in order to have a child, to resort to the genetic material of a person who is not party to the parental project.

The person who contributes the genetic material does not become a parent. If the woman has no partner, she is the sole parent. The term “spouses” is not limited to married couples but also includes civil union couples and unmarried couples who decide to parent together. The couple registers as the child’s parents by “declaring” themselves to an administrative agency.

Now here is the truly unique aspect of this statute. It provides for assisted conception through sexual intercourse. There are US cases where conception occurred through sexual intercourse and someone later claimed that it was understood that the sex was a form of assisted conception not intended to create legal parenthood. No American court has bought this argument, even when the two people had a written agreement. But Quebec explicitly provides for this.

The only legal difference when conception occurs through sexual intercourse is that during the first year of the child’s life the man’s parentage can be established, and this will disestablish a female partner’s parentage. Leckey notes scholars who have pointed out that if the purpose of the law is to allow a man to change his mind then the class of those eligible to claim parentage during the child’s first year would logically be all donors known to the mother, including known semen donors, rather than only those who participate in conception through sexual intercourse.

The statute does not contain the ability to recognize three persons, the mother, her partner, and the biological father, as a child’s parents. (An appeals court in Ontario, Canada, interpreting that province’s statutes did recognize that a child had three parents in a 2007 case.)

I’m working on developing model parentage legislation that would obviate the need for a lesbian to “adopt” her own child born to her partner. I’ll be presenting the product of my work at a Stanford Law School symposium in February. You can bet I’ll be talking about the Quebec statutes!

–Nancy Polikoff

crossposted from Beyond Straight and Gay Marriage

Share
Posted in Feminism and Families | Tagged , , , , | Comments Off on Quebec’s “parenting project” — a law like nothing we have in the US

The Comments to the U of Chicago Law School’s Faculty Blog Post About Its New Comments Policy Were So Abusive, Comments Had To Be Closed.

I kid you not:

Comments on this post have been disallowed, and previous comments removed. It has become clear that the Law School’s initial decision to err on the side of leniency, and to expect our readers to adhere not only to the letter of the newly adopted comments policy but to its spirit as well, has led to escalation of the very problem this policy sought to prevent. Disagreements with intellectual positions continue to be encouraged, so long as they are expressed in civil terms; ad hominem attacks, however politely phrased, will not be tolerated.

Here’s a reminder about the comments policy here: This blog is by and for feminist law professors. Everybody in the blog roll can comment as they like. All other comments are moderated with a very heavy hand.

Share
Posted in Blog Administration | Comments Off on The Comments to the U of Chicago Law School’s Faculty Blog Post About Its New Comments Policy Were So Abusive, Comments Had To Be Closed.

Check out the “Gender & Sexuality Law Blog”

Here! Founded by Columbia Law Profs Katherine Franke and Suzanne Goldberg, who, happily for FLP readers, will sometimes cross post here, see e.g.!

Share
Posted in Feminism and Law, Feminist Blogs Of Interest, Feminists in Academia | Comments Off on Check out the “Gender & Sexuality Law Blog”

Thoughts on Her Body, My Baby – the Racial Implications of Surrogacy

Khiara Bridges is the Center for Reproductive Rights/Columbia Law School fellow at Columbia Law School who has just completed her PhD in Columbia’s Anthropology Department studying the intersection of race, poverty, and gender through the experience of women in an obstetrics clinic in a New York City public hospital.   She offers the following reflections on the New York Times Magazine’s cover story on surrogacy:

Her Body, My Baby, a story published in the New York Times Magazine on November 30, 2008 concerning the author’s experience with infertility and her decision to hire a gestational surrogate to give birth to her and her husband’s son, raises several fascinating issues. Noa Ben-Asher’s post on this blog tackles an important and exciting set of questions regarding the ability of gestational surrogacy to expand traditional notions of family. Here, I’d like to offer a couple of thoughts on the complicated race issues that gestational surrogacy produces.

Gestational surrogacy involves the implantation of an embryo:usually the result of the n vitro fertilization of the intended mother’s egg with her husband’s or male partner’s sperm:into the surrogate’s uterus. The surrogate:usually motivated by some mixture of altruism and financial need, and who is generously compensated by the intended parents for carrying the pregnancy to term:is genetically unrelated to the embryo and the child that is eventually born. Gestational surrogacy differs from traditional surrogacy arrangements, which involves the artificial insemination of the surrogate, who ultimately gives birth to a child that is genetically related to her.

As dramatized in Her Body, My Baby, infertile couples seeking surrogates tend to be wealthy:with the ability to pay for several rounds of expensive IVF treatments and to recompense the surrogate for her”services.” Indeed, the photo accompanying the story shows the author holding her son while the”baby nurse,”dressed in white uniform, stands stoically in the background. Moreover, because class and race closely follow one another in the U.S., these couples also tend to be White.

It would be incorrect to state that race is not implicated with traditional surrogacy, yet implicated with gestational surrogacy. However, race is implicated differently with these two surrogacy arrangements. Because the traditional surrogate is biologically-related to the child she carries, the infertile couple seeking a child that is”like”them in some respects will probably select a surrogate that shares their racial ascription. Accordingly, one would find White couples hiring White women to give birth to their children. However, because the gestational surrogate has no biological tie to the child she carries, the infertile couple need not seek a surrogate who is racially”like”them. One could envision a dystopian future in which financially-needy Black women, who disproportionately comprise the ranks of this country’s poor, are hired to give birth to the babies of rich White couples. Those of us interested in questions of social and racial justice might find such a future disturbing. It would reiterate the Black woman’s body as a laboring one (on multiple levels) while doing nothing to eradicate discourses in which the poor Black woman figures as an incompetent mother. That is, the Black woman would be empowered to produce children, yet remain disempowered to raise them. Continue reading

Share
Posted in Feminism and Families, Feminism and Law, Race and Racism, Reproductive Rights | Comments Off on Thoughts on Her Body, My Baby – the Racial Implications of Surrogacy

Do the Freakonomics Guys Understand That Prostitutes Are Human?

Sure doesn’t seem like it.

Share
Posted in Sexism in the Media | Comments Off on Do the Freakonomics Guys Understand That Prostitutes Are Human?

Keeping Christ in Christmas Goes Techno!

I guess this is supposed to make you think: “Jeebus! Holy ____!”

And here is how they do it in Texas:

–Ann Bartow

Share
Posted in Bloggenpheffer | Comments Off on Keeping Christ in Christmas Goes Techno!

Steal This Seal

Here’s the official University of South Carolina Seal:

Here is a two color version with “sample” across the front to prevent subversive bloggers like me from making illicit millions by using it without permission:

Here’s the official University information about the seal:

The seal of the University was adopted by the Board of Trustees on April 26, 1803. The University seal quotes the Latin poet Ovid, “Emollit Mores Nec Sinit Esse Feros,” which is translated as “Learning humanizes character and does not permit it to be cruel.”

Beneath the words stand the figures of Minerva, the goddess of wisdom, and Liberty. Minerva’s shield is decorated with the seal of the state of South Carolina. Together, the words and image remind us that a university education builds not only intellect, but also character. The Latin inscription below the figures is the school name and founding year of 1801.

Use of the seal is restricted and requires permission from the Secretary of the Board of Trustees. The seal is primarily used to identify formal University occasions such as University commencements and Board matters.

And here’s my alternative seal, which I offer readers the use of royalty free. You’re welcome!

This seal of the University was adopted by a bored and punchy Law Professor on December 16, 2008. The University seal quotes some tourist, probably from Ohio,”ignis, acqua et lex. And also mosquitos”which is translated as”fire, water and light. And also mosquitoes.”

Beneath the words stand a pile of books, like you might find in various corners of the University of South Carolina. Together, the words and image remind us that a university education builds not only intellect, but also character. And to always carry sunscreen, an umbrella, and bug repellent.

Use of this seal is unrestricted and does not require permission from the Secretary of the Board of Trustees.

–Ann Bartow

Share
Posted in Academia, Bloggenpheffer, South Carolina | Comments Off on Steal This Seal

Funniest Blawgprof Post I’ve Seen In Weeks:

Law Schools Ranked By the Number of Corrupt Public Officials They Graduated

As usual, Yale and Harvard come out on top.

(You might have already guessed the source.)

Share
Posted in Academia, Bloggenpheffer, Law Schools | Comments Off on Funniest Blawgprof Post I’ve Seen In Weeks:

Deanships and Diversity

There are currently between 10-15 active law school dean searches being conducted around the country. It’s no secret that women, people of color, and every other category of academic short of a white male are under-represented in the higher reaches of academe. The research on women, and this is just as likely to be true for other groups, shows that one factor is the difference in application rates. Men will typically apply for positions without concern that they do not have the traditional or even requested experience. Women, on the other hand, will talk themselves out of applying because they can see all the ways in which they are not qualified for the job. This includes lack of intermediate administrative positions (such as Academic Dean). Women are also often outside of the referral network so are not as often nominated or asked to apply. Under the theory that it’s hard to get a job for which you don’t apply, I would urge anyone reading this with an interest in academic administration to apply for these openings by sending your CV and a letter of interest. And if you don’t get a job, apply again. Among other things, applying brings you to the attention of the search firms who will know about you the next time something comes along. There is no downside.

— Anonymous Dean Search Committee Member

Share
Posted in Academia, Law Schools, Law Teaching, The Underrepresentation of Women | Comments Off on Deanships and Diversity

“Hillary Clinton, the Halo Effect, and Women’s Catch-22”

Fantastic essay about women in politics here, at the Situationist. Below is a short excerpt:

… After the final presidential debate between Obama and McCain, news anchor Katie Couric asked Hillary Clinton,”Why do you think Sarah Palin has an action figure and you have a nutcracker?”Clinton replied that she didn’t know. But Hillary Clinton knows better than anyone that capturing the American audience as a woman is a balancing act.

The constant criticism dedicated to Hillary’s pantsuits culminated in the marketing of a”Hillary Clinton nutcracker,”in which her thighs serve as the nutcrackers (perish the thought of imagining what a comparable doll would look like for Obama…?) Meanwhile, Sarah Palin, who took a cue and opted for the skirtsuit and heels, became the subject of sexualized mockery. Interesting too that often, the originators of derogatory material directed at both Clinton and Palin were from the ideological left, a position we associate with progressive and tolerant views …

Share
Posted in Feminism and Politics | Comments Off on “Hillary Clinton, the Halo Effect, and Women’s Catch-22”

Catharine MacKinnon, “The Recognition of Rape as an Act of Genocide – Prosecutor v. Akayesu”

Two related articles are accessible here. Via IntLawGrrls.

Share
Posted in Acts of Violence, Feminism and Law, Feminist Legal Scholarship, Feminists in Academia, Sisters In Other Nations | Comments Off on Catharine MacKinnon, “The Recognition of Rape as an Act of Genocide – Prosecutor v. Akayesu”

Also Known As . . . Completely Demeaning

I’ve now seen a couple of different reports (here and now here) about how same-sex couples who legally change their names on their marriage certificates are unable to get the State Department to recognize that name change on the couple’s passports. In these cases, the State Department takes the position that the Defense of Marriage Act (DOMA) prevents the government from recognizing a name change effected in conjunction with a same-sex marriage. Nonetheless, the State Department will recognize the name change if the couple takes the separate (and completely unnecessary) step of going to court to get a judicial name change or if the new name is used publicly and exclusively for a period of at least five years  (and you can document such use).

In a follow-up to one of these stories last week, it was reported that a woman who had changed her name when she married her partner in California last June was able to get her married name listed in the back of her passport under “the bearer is also known as.” Although this is a clever work-around to ensure that someone who has successfully changed her name on other documents (e.g., a state driver’s license) does not have documents with inconsistent names on them, it is nonetheless completely demeaning that lesbians and gay men are forced to choose between (1) incurring the extra expense and extra hassle of going to court to get a name change (when different-sex couples are not required to do so) or (2) treating their relationships as somehow counterfeit or false.

What’s worse is that this treatment is entirely gratuitous. There appears to be nothing that prevents the State Department from recognizing such a name change. Indeed, the passport regulations (22 C.F.R. § 51.25) detail when a name change will be recognized. A name change will be recognized when it is accomplished by court order or decree, on a naturalization certificate, or on a marriage certificate. A name change will also be recognized when that change occurs by operation of state law. In that case, “[a]n applicant must present operative government-issued legal documentation declaring the name change or issued in the new name.” Even if the State Department cannot recognize a name change on a same-sex couple’s marriage certificate, it should be able to acknowledge that the couple’s name has changed by “operation of state law” and accept a driver’s license from the state or some other “government-issued legal documentation … issued in the new name” as evidence of that change.

Furthermore, other agencies in the federal government have not reacted in the same way in similar situations. As the first story about the California woman reported, the local Social Security Administration office allowed her to change the name on her Social Security card merely by presenting her marriage certificate. And last year, the Department of Justice’s Office of Legal Counsel opined that the child of a lesbian couple that had entered into a civil union in Vermont was eligible for child’s insurance benefits when the non-biological mother became eligible for Social Security disability benefits—even though Vermont’s recognition of that parent-child relationship stemmed directly from the couple’s civil union. If the Social Security Administration and the Department of Justice can themselves work around DOMA, what prevents the State Department from doing the same thing?

-Tony Infanti

Share
Posted in LGBT Rights | Comments Off on Also Known As . . . Completely Demeaning

A Bit More About Bettie Page

To follow up on the post here, a reader sent a link to this 1998 interview published at Nerve.com which of course includes the bondage photos.   Below is an excerpt:

Are you flattered by any and all of the work that’s been done or created in your honor, or do you find any of it odd or misplaced?
The only thing I find upsetting [is that] over the years, especially in the last ten years, they keep referring to me in the magazines and newspapers and everywhere else as the Queen of Bondage. The only bondage posing I ever did was for Irving Klaw and his sister Paula. Usually every other Saturday he had a session for four or five hours with four or five models and a couple of extra photographers, and in order to get paid you had to do an hour of bondage. And that was the only reason I did it. I never had any inkling along that line. I don’t really disapprove of it; I think you can do your own thing as long as you’re not hurting anybody else : that’s been my philosophy ever since I was a little girl. I never looked down my nose at it. In fact, we used to laugh at some of the requests that came through the mail, even from judges and lawyers and doctors and people in high positions. Even back in the ’50s they went in for the whips and the ties and everything else.

So bondage and fetishism was never your shtick, so to speak?
No, I never had any inkling toward it. The only other reason I agreed to do it was because the men were never allowed to tie any of the girls up. Only Paula was allowed to tie us up, and she was very gentle and took her time. I just had one bad experience where I was tied spread-eagled between two big [beams] with my arms up and out and my legs spread and my feet were about six inches off the ground and before they got through taking what seemed like umpteen pictures, I thought it was gonna pull the sockets right out of my shoulders. And I started hollering, “Hurry up, I’m hurting.” That’s the only bad experience I had during the bondage. And guess what? Later, Irving Klaw told me that those pictures of me spread-eagled off the ground sold more than any pictures he ever sold in all of his years of selling pin-ups and even movie-star pictures, those things of me in agony [laughs].

Did she really laugh about the fact that pictures taken when she was in real physical pain were the best sellers? I kind of doubt it.

–Ann Bartow

Share
Posted in Acts of Violence, Coerced Sex, Feminism and Culture | Comments Off on A Bit More About Bettie Page

Today Is Final Day to Comment on ABA’s Proposal to Eliminate Student-Faculty Ratio Data

Paul Caron has a critique of the proposal here.

The impact on student/faculty ratio was one of the arguments that finally persuaded the doubters at my law school to hire a professional, full time legal writing faculty, which has been enormously beneficial for our students and the law school generally.

–Ann Bartow

Share
Posted in Academia, Law Schools, Law Teaching | Comments Off on Today Is Final Day to Comment on ABA’s Proposal to Eliminate Student-Faculty Ratio Data

10 Things You May Not Have Learned In Law School

“10 things I didn’t learn in law school” is here, at A Public Defender. Don’t miss the Kingsfield clip at the end! Via Law Ingenue.

Share
Posted in Academia, Law Schools, Legal Profession | Comments Off on 10 Things You May Not Have Learned In Law School

Decorating the Blog for the Holidays…

Via.

Share
Posted in Bloggenpheffer | Comments Off on Decorating the Blog for the Holidays…

“A video conversation with civil rights leaders”

Featuring the fabulous Veronica Arreola! Here at this site, which notes:

In the aftermath of President-elect Barack Obama’s historic win, many commentators have said it will take time to understand the full significance of his ascendance to the presidency.

To find out what civil rights experts think about the meaning of the election, listen to these video conversations with four leaders who are involved in efforts to move civil rights forward.

These leaders work to advance civil rights for specific groups of people – African-Americans, women, Latinos, and gay, lesbian, bisexual and transgendered people – but they say gains for one group benefit everyone.

The videos are great, but it is kind of unfortunate that the project positions men as speaking on behalf of African Americans, Latina/os and LGBT folks, while the only female speaker speaks about, wait for it, women. Still, all the folks are very worth hearing, especially Veronica.

–Ann Bartow

Share
Posted in Feminism and Politics, LGBT Rights, Race and Racism | Comments Off on “A video conversation with civil rights leaders”

“A Crime Against Society” – Rape in the Congo

“A Crime Against Society” is the title of an article written by Ann Jones that appeared inthe 12/10/08 issue of The Nation. Below are the first two paragraphs:

Late one afternoon seven years ago, in the village of Kamanyola in eastern Congo, Fatuma Kayengela’s husband sent their daughter and her cousin to the market to buy oil for the lamps. When the two 15-year-old girls turned to go back home, they found the way blocked by soldiers, who took them down the road. As darkness fell, Fatuma and her husband went in search of the girls and learned of screams and crying coming from the school. There they found the girls as the rapists had left them. They went to the police station for help, but the police said there was nothing they could do about soldiers. When Fatuma’s husband grew angry, they threatened to arrest him. Thankful the girls were still alive, Fatuma took them home.

That was a brave act. In the Democratic Republic of Congo, a rape survivor is an outcast, blamed and shamed by local tradition and religion for the only crime pinned squarely on the victim. She is “dirtied,” but her greater crime is that in being violated she shrinks the stature of the husband or father to whom she belongs. To regain respect he must throw her out. Fatuma’s husband behaved differently: he stood by the girls. Yet as Fatuma watched her daughter’s continuing suffering, she felt powerless. “At that time,” she says, “I didn’t even know enough to take my daughter to the hospital.” She determined to learn how to help her child and other survivors of sexual assault; but because rape is a crime women and girls have learned to suffer in shamed silence, she had no idea how many there were.

The entire article is available here. Via Diary of an Anxious Black Woman.

Share
Posted in Acts of Violence, Coerced Sex, Feminism and Politics, Sisters In Other Nations | Comments Off on “A Crime Against Society” – Rape in the Congo

Feminists Don’t Care About The Women In Iran, And The Sexualized Mockery Of A Powerful Woman Politician Has Nothing To Do With The Stonings Of Women Who Are Deemed Too Sexual.

Or so says Kathleen Parker in the WaPo. Who needs to start here. And then go here, and here, and here, and here, and here, where a reporter notes:

Currently, in Iran, there are nine women sentenced to death by stoning on charges of adultery, compared to two men for the same offence — highlighting the fact that this barbaric mode of execution is primarily a women’s issue.

Whether these 11 unfortunate people can be saved from the brutality and humiliation involved depends on the success of a campaign, launched two months ago, by a group of lawyers and women’s rights activists to have the stoning law abolished altogether from the Islamic Penal Code of this country.

Stoning is more a women’s issue because, according to Islamic laws, a man can have four permanent wives and any number of temporary wives.

When caught in adulterous relationships, men can always claim to have been in a temporary marriage contract with the woman involved –provided she is not already married to someone else. Temporary marriage contracts, for hours or months or years, can be easily made between the partners. A married woman cannot escape stoning in the same way.

“The stoning law affects women more than men. So, as feminists, we naturally have to address it as well as other issues, such as polygamy, lack of right of divorce for women, forced marriages, domestic violence and poverty that greatly contribute to situations leading to stoning. We also hope that the campaign to abolish stoning can mobilise the women’s movement,” Mahboubeh Abbasgholizadeh, a feminist activist and advocacy group member of the ‘Campaign to Stop Stoning Forever’, told IPS.

“The nature of the feminist movement in Iran is political because feminists have to target the laws, like (those on) polygamy and stoning, that sustain the patriarchal view of the society. They have to challenge the religious and political establishment that supports those laws,” Abbasgholizadeh added.

Could someone fill me in on all the efforts Kathleen Parker has made on behalf of women in Iran? Because all my googling turned up was this diatribe by her against “allowing” women to serve in the military.

–Ann Bartow

ETA: Violet Socks also explained the situation pretty well, writing:

Sexism is a deeply learned behavior with a thousand manifestations. You can’t quarantine the big pieces of it : rape, legal discrimination : as if they exist in a vacuum apart from the rest of society’s values. From frat boy joke to date rape, from gangsta rap to domestic violence, from pink housework toys at Wal-Mart to the boss who won’t promote a woman into top management, from”Math is hard”Barbie to the physics lab where men harass their female colleagues relentlessly, from Girls Gone Wild videos to the jury that acquits a rapist because the victim was wearing a short skirt : it’s a system. A giant, all-encompassing, self-reinforcing system.

No one thinks that Jon Favreau is personally responsible for crimes against women. What we think : what we know : is that his frat-boy grope is one lurid thread in a larger pattern. It’s symptomatic of a culture in which women are routinely sexualized, diminished, and harassed; a culture in which violence against women is normalized as mainstream fun; a culture in which powerful, accomplished women are ridiculed as b**ches and c**ts who just need a good f***ing.

Share
Posted in Feminism and Politics, Sexism in the Media | Comments Off on Feminists Don’t Care About The Women In Iran, And The Sexualized Mockery Of A Powerful Woman Politician Has Nothing To Do With The Stonings Of Women Who Are Deemed Too Sexual.

The name of the game was “Ball Buster.”

Share
Posted in Bloggenpheffer | Comments Off on The name of the game was “Ball Buster.”

Sue Magazine

One of the feature articles in the first issue is titled: Where are the Female Litigation Blawgers? Avoiding the omnipresent Bully Boys of the Blawgosphere, probably. The Sue Magazine homepage is here.

–Ann Bartow

Share
Posted in Feminism and Law, Legal Profession, The Underrepresentation of Women | Comments Off on Sue Magazine

Bettie Page, and seeing only what you want to see.

In recent months I’ve read a number of posts at various feminist blogs discussing race and class issues with respect to wet nurses, nannies, maids, and natal surrogates.   There seems to be a rough consensus that exploiting the bodies of poor women is wrong, but the analysis rarely extends to pornography and prostitution. There is empirical evidence that some men turn to prostitutes for sexual acts their romantic partners refuse to engage in.   Isn’t hiring a prostitute to use her body just as exploitive as hiring a wet nurse for the benefit of a child? Isn’t it actually far more exploitive when you factor in the endemic violence prostitutes face, the risk of disease transmission, and the possibility of arrest? [NB: Anyone who thinks police officers will stop demanding freebies from prostitutes if prostitution is legalized needs to talk to all the restaurant owners who have to feed corrupt cops meal after meal if they want to stay in business.]

Women who exploit other women should be criticized. But when men are paying women to use their bodies for sex, why is it that some people are determined to see a fair exchange? Suzie explained this nicely in a post at Echidne of the Snakes, where she wrote:

Bettie Page, whose pinup and BDSM photos turned her into a cult icon, died Thursday. She’s a stellar example of someone who became a commodity, whose image profited others.
Her”sex fiend”father molested her and her sisters, Page once said. After an abusive first husband and a gang rape, she left Nashville for New York, where she began posing for sexy photos to make money, and in hopes of becoming an actress. …

Page had wanted to be a missionary at one time, and she quit her modeling career, in part, to focus on Christianity. She ended up penniless, but finally got royalties for her work.

When commenting about her, a lot of men confuse women’s sexuality with what women do to please men, to make a living or to get ahead. People talk about how she celebrated her sexuality, blah-de-blah, without noting that photographers paid her to pose in various ways. I wonder how people look at her photos and see only what they want to see.

Props also to blogger Apostate for commenting on that post as follows:

Suzie, this is the best piece I’ve read so far on Bettie Page after her death. And thanks for not posting a picture of her – seems like nobody else could say RIP without a pic.

She’s being exploited in death as she was in life by too many Supposedly Liberal Doods, who mock her Christianity one minute and drool over her pictures the next.

–Ann Bartow

Share
Posted in Acts of Violence, Coerced Sex, Feminism and Law | Comments Off on Bettie Page, and seeing only what you want to see.

Gold Winning Gymnast Nastia Liukin Not Dressing Properly, Apparently

And so must be taken down a few pegs by websites like this. What about Olympic gold medal winning swimmer Michael Phelps, are his clothes okay?   Who knows. Because he is male, the sleazebag celebrity following blogs are far more focused on what his girlfriend looks like. [NB: the link in the prior sentence is to the Huffington Post. That post and the appended comments are disgusting enough, but every other blog post about her I found is far worse, so I’m not linking. Here’s just a small sample of the commentary: “Michael Phelps’ girlfriend Caroline “Caz” Pal would be nothing without her implants. She really isn’t that pretty. Michael needs an upgrade, stat!”]

–Ann Bartow

Share
Posted in Feminism and Culture, Sexism in the Media | Comments Off on Gold Winning Gymnast Nastia Liukin Not Dressing Properly, Apparently

Tonight on PBS – Emma Coleman Jordan deconstructs the bail outs

Tonight on Bill Moyers Journal, at 9 pm ET, my colleague Emma Coleman Jordan will be featured in a segment on “deconstructing the bailout.”   Emma is a pre-eminent scholar on the intersection of law with economic and class issues, and has been doing a series of posts on this topic at  blackprof.com.   If you’re out partying tonight and miss the show, you can catch it later on the PBS web page or via podcast (see above link).

 

Cross posted at hunter of justice

Share
Posted in Feminists in Academia, Women and Economics | Comments Off on Tonight on PBS – Emma Coleman Jordan deconstructs the bail outs

“Letter from Women’s Historians to President Elect Obama” asking for gender equity in the proposed economic stimulus package.

Friends and colleagues,
Attached is a letter to President-elect Obama making a historical case for more attention to gender equity in the proposed stimulus package. It is based on a draft circulated by Linda Gordon with input from several others. We are sending it out to you now in the hope of gathering signatures from students of history–which we mean in the most inclusive sense. To sign on, please send an email with your name and affiliation to Alice O’Connor: aoconnor@history.ucsb.edu. Please respond NO LATER THAN 5pm (PST) Monday December 15. We plan to send the letter on Tuesday, and then to have it posted on appropriate websites. And DO forward to others.

With thanks in advance for your help,

Linda Gordon, New York University
Mimi Abramovitz, Hunter College
Rosalyn Baxandall, SUNY Old Westbury
Eileen Boris, UC Santa Barbara
Rosie Hunter
Alice Kessler-Harris, Columbia University
Alice O’Connor, UC Santa Barbara
Annelise Orleck, Dartmouth College
Sally Stein, UC Irvine

:::::::::

Dear President-elect Obama,

As students of American history, we are heartened by your commitment to a jobs stimulus program inspired by the New Deal and aimed at helping”Main Street.”We firmly believe that such a strategy not only helps the greatest number in our communities but goes a long way toward correcting longstanding national problems.

For all our admiration of FDR’s reform efforts, we must also point out that the New Deal’s jobs initiative was overwhelmingly directed toward skilled male and mainly white workers. This was a mistake in the 1930s and it is a far greater mistake in the 21st century economy, when so many families depend on women’s wages and when our nation is even more racially diverse.

We all know that our country’s infrastructure is literally rusting away. But our social infrastructure is equally important to a vibrant economy and livable society, and it too is crumbling. Investment in education and jobs in health and care work shores up our national welfare as well as our current and future productivity. Revitalizing the economy will require better and more widespread access to education to foster creative approaches and popular participation in responding to the many challenges we face.

As you wrestle with the country’s desperate need for universal health insurance, we know you are aware that along with improved access we need to prioritize expenditure on preventive health. We could train a corps of health educators to work in schools and malls and medical offices. As people live longer, the inadequacy of our systems of care for the disabled and elderly becomes ever more apparent. While medical research works against illness and disability, there is equal need for people doing the less noticed work of supervision, rehabilitation and personal care.

We are also concerned that if the stimulus package primarily emphasizes construction it is likely to reinforce existing gender inequities. Women today make up 46 percent of the labor force. Simple fairness requires creating that proportion of job opportunities for them. Some of this can and should be accomplished through training programs and other measures to help women enter traditionally male-occupied jobs. But it can also be accomplished by creating much-needed jobs in the vital sectors where women are now concentrated.

The most popular programs of the New Deal were its public jobs. They commanded respect in large part because the results were so visible: tens of thousands of new courthouses, firehouses, hospitals, and schools; massive investment in road-building, reforestation, water and sewage treatment, and other aspects of the nation’s physical plant–not to mention the monumental Golden Gate and Triborough Bridges, the Grand Coulee and Bonneville dams. But the construction emphasis discriminated against women. At best women were 18% of those hired and, like non-white men, got inferior jobs. While some of the well-educated obtained jobs through the small white-collar and renowned arts programs, the less well educated were put to work in sewing projects, often at busy work, and African American and Mexican American women were slotted into domestic service. This New Deal policy assumed that nearly all women had men to support them and underestimated the numbers of women who were supporting dependents.

Today most policy-makers recognize that the male-breadwinner-for-every-household assumption is outdated. Moreover, experts agree that, throughout the globe, making jobs and income available to women greatly improves family wellbeing. Most low-income women, like men, are eager to work, but the jobs available to them too often provide no sick leave, no health insurance, no pensions and, for mothers, pay less than the cost of child care. The part-time jobs that leave mothers adequate time to care for their children almost never provide these benefits.

Meanwhile the country needs a stronger social as well as physical infrastructure. Teachers, social workers, elder and child-care providers and attendants for disabled people are overwhelmed with the size of their classes and caseloads. We need more teachers and teachers’ aides, nurses and nurses’ aides, case workers, playground attendants, day-care workers, home care workers; we need more senior centers, after-school programs, athletic leagues, music and art lessons. These are not luxuries, although locality after locality has had to cut them. They are the investments that can make the U.S. economically competitive as we confront an increasingly dynamic global economy. Like physical infrastructure projects, these jobs-rich investments are, literally, ready to go.

A jobs-centered stimulus package to revitalize and”green”the economy needs to make caring work as important as construction work. We need to rebuild not only concrete and steel bridges but also human bridges, the social connections that create cohesive communities. We need a stimulus program that is maximally inclusive. History shows us that these concerns cannot be postponed until big business has returned to”normal.”We look to the new administration not just for recovery but for a more humane direction:and in the awareness that what happens in the first 100 days and in response to immediate need sets the framework for the longer haul of reform.

________________________________________________________
Via Knitting Clio and Historiann.

Share
Posted in Academia, Feminism and Politics, Feminist Legal History, Women and Economics | Comments Off on “Letter from Women’s Historians to President Elect Obama” asking for gender equity in the proposed economic stimulus package.

Measuring Scholarly Impact

Via, by way of The Faculty Lounge.

Share
Posted in Academia, Bloggenpheffer, Sisters In Other Nations | Comments Off on Measuring Scholarly Impact

William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 Passes House and Senate, But Offers Less Protection To Victims Compared with the 2007 House Version.

And the impetus for watering down the bill was of course Joe Biden, in collusion with Sam Brownback. The text of the 2008 version of the bill can be found here. The major changes in the 2008 version were in Title II, and appropriations for enforcement were reduced in Title III. House sponsor Howard Berman reported the changes as follows:

PROVISIONS FROM H.R. 3887 NOT INCLUDED IN BILL

Several provisions from H.R. 3887 do not appear in this version of the legislation. For example, the original House bill attempted to streamline the investigation and prosecution of certain sex trafficking and related offenses by amending the Mann Act, 18 U.S.C. §2421, et seq. The Wilberforce Act reflects a different consensus, and achieves these ends through modifications to the Slavery/Trafficking Chapter of Title 18 discussed above.

Specific language regarding the surveys required by section 232 of H.R. 3887 is not included in the bill. However, the provisions of paragraph (B)(i) and (ii) of section 201(a)(1) of the Trafficking Victims Protection Reauthorization Act of 2005 (42 U.S.C. 14044(a)) still require that the surveys contained in that provision be completed, and section 237(d) requires the Department of Justice to provide the relevant committees a report on the status of those surveys, including the projected date when such surveys will be completed. Also, section 234 of H.R. 3887 proposed a reorganization of functions within the Department of Justice. The Department of Justice should review the relationship between the Criminal Section of the Civil Rights Division and the Child Exploitation and Obscenity Section of the Criminal Division and promote

Because efforts in the closely-related area of prostitution enforcement are important to prevent situations from ripening into servitude, the reporting requirements of Section 237 are intended to gain a better understanding of the Criminal Division and United States Attorneys Offices’ activities to enforce the Mann Act or those local prostitution offenses that United States Attorneys may have jurisdiction over through operation of the District of Columbia Criminal Code or the Travel Act 18 U.S.C.

Title III

Title III authorizes funds for programs, projects and activities related to human trafficking. In order to promote broad support for the bill, some of the authorization for program funding was reduced to levels closer to previously appropriated levels, and therefore represents a more realistic target for future spending. Any reductions in authorizations are not intended to indicate a decrease in the importance of any programs, but indeed are intended to encourage appropriations at those new levels. …

Berman’s description of the altered approach to prosecuting pimps that was negotiated with the Senate is reproduced in part after the jump.

Continue reading

Share
Posted in Acts of Violence, Coerced Sex, Feminism and Law, Feminism and Politics, Sisters In Other Nations | Comments Off on William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 Passes House and Senate, But Offers Less Protection To Victims Compared with the 2007 House Version.

Looks like most if not all of the “EPA Fugitives” are men.

Information on these environmental offenders here.

Share
Posted in Feminism and the Environment, The Underrepresentation of Women | Comments Off on Looks like most if not all of the “EPA Fugitives” are men.

Symposium Celebrating Work of Martha Nussbaum, February 13, 2009

From the FLP Mailbox, this notice from the Program in Gender & Sexuality Law at Columbia Law School, co-directed by Feminist Law Profs Katherine Franke and Suzanne Goldberg:

Symposium Celebrating the Work of Martha Nussbaum

Friday, February 13th, 2009

This symposium will recognize Martha Nussbaum’s contributions to gender and sexuality law. Papers will be published in a special issue of theColumbia Journal of Gender and the Law.

The symposium will run all day and will be composed of three panels and an address by Martha Nussbaum. Panels and speakers will include:

Feminism as Liberalism Panel

  • Carlos Ball, Professor of Law at Rutgers Law School
  • Nancy Levit, Curators’ and Edward D. Ellison Professor of Law at University of Missouri-Kansas City School of Law
  • Tracy Higgins, Professor of Law at Fordham Law School
  • History, Identity and Sexuality Panel

  • Mary Anne Case, Arnold I. Shure Professor of Law at University of Chicago Law School
  • Alice Kessler-Harris, R. Gordon Hoxie Professor of American History at Columbia University
  • Janet Jakobsen, Director, Barnard Center for Research on Women
  • Gender and Development Panel

  • Saskia Sassen, Robert S. Lynd Professor of Sociology at Columbia University
  • Amrita Basu, Domenic J. Paino 1955 Professor of Political Science and Women’s & Gender Studies at Amherst College
  • Aili Tripp, Professor of Political Science and Women’s Studies at University of Wisconsin-Madison
  • The program runs from 9:00 a.m. to 6:00 p.m.  There will be a keynote address by Professor Nussbaum.  More info is available here.

    -Bridget Crawford

    Share
    Posted in Upcoming Conferences | Comments Off on Symposium Celebrating Work of Martha Nussbaum, February 13, 2009

    Rutgers School of Law-Newark Celebrates Women Reshaping American Law, February 13, 2009

    From Feminist Law Prof Suzanne Kim (Rutgers-Newark), this notice of an upcoming conference:

    Rutgers School of Law-Newark is pleased to be celebrating its  centennial this year.   To honor the law school’s tradition of contributing to  social justice, we are hosting an all-day symposium on Feb. 13, 2009 entitled  “Rutgers School of Law-Newark Celebrates Women Reshaping AmericanLaw.”

    The event gathers major figures in the development of women’s rights  law and highlights the connections between Rutgers and that history.  United States Supreme Court Justice   Ruth Bader Ginsburg will deliver the  keynote address. Professor Catharine MacKinnon will deliver closing remarks.

    Speakers also include Professor Sarah Burns of NYU School of Law,  Professor Sally Goldfarb of Rutgers School of Law-Camden, Professor  Victoria Nourse of University of Wisconsin Law School, Professor Susan  Deller Ross of Georgetown University Law Center, and Professor Wendy  Webster Williams of Georgetown University Law Center.   Yale College  Professor Fred Strebeigh, author of the forthcoming book Equal: Women  Reshape American Law (Norton 2009), will deliver opening remarks.

    Registration information will be available in early January.  

    Professor Kim is the Conference Chair.  It looks like a great program.

    -Bridget Crawford

    Share
    Posted in Feminist Legal History, Firsts, Law Schools, Upcoming Conferences | Comments Off on Rutgers School of Law-Newark Celebrates Women Reshaping American Law, February 13, 2009

    CFP: Women, Incarceration and Human Rights, February 27-28, Atlanta, GA

    From the FLP mailbox, this notice of yet another great workshop being convened by Martha Fineman and the Feminism and Legal Theory Project at Emory Law School:

    From 1995 – 2006, the number of incarcerated women in the United States increased 64 percent making the U.S. the leading country for the incarceration of women. Today, with well over 1.7 million women in prison, nearly half are mothers. Policy makers, activists, academics from diverse disciplines are searching for ways to understand the  causes, costs, and consequences of hyper incarceration of women. Further, legal scholars are faced with the challenge of finding the most effective analytical lens through which to consider this relatively new social phenomenon.

    The Feminism and Legal Theory (FLT) Project at Emory is convening a workshop to explore the issues facing incarcerated women, their children, familiesand communities. This workshop, offered in conjunction with Emory’s Race and Difference Initiative, highlights Rickie Solinger’s multimedia and photographic exhibits Interrupted Life and Beggars and Choosers, which will be in Emory’s Schatten  Gallery during the workshop. The Solinger exhibits explore the intersection of race, class, and privilege as it relates to motherhood in the U.S. and the impact of incarceration on women and their families.

    Issues that may be explored within the framework of the conference include, but are not limited to:

    · How does the growing rate of incarceration of women in the U.S. and throughout the world relate to broader human rights and social justice concerns?

    · How does incarceration affect women’s long-term health, employment, and housing prospects as well as their ability to maintain their relationships with their children,  families and communities?

    · In what ways have feminist legal theories addressed issues of punishment, retribution and redemption of incarcerated women?

    · What are the vulnerabilities of incarcerated women, their children and their communities? How are these vulnerabilities connected to the exercise of rights inside  prisons and in the community post-release? How can the vulnerabilities of incarcerated mothers and children be accounted for within a human rights framework?

    · What are the experiences, rights and challenges faced by women incarcerated or detained in the U.S. but who are not U.S. citizens?

    · How should scholars and policy makers address issues regarding the sexual and reproductive health of women in prison? How are incarcerated women’s sexual and  reproductive rights linked to a broader social justice agenda?

    · How should feminists approach issues of family connection and community integration as they affect incarcerated and formerly incarcerated women and  mothers?

    · To what extent do other aspects of identity contribute to incarcerated women’s experiences whether in the criminal justice context or while institutionalized?

    · How should international movements focused on prison abolition and alternatives to incarceration take into consideration issues relating specifically to women and mothers?

    · What are the insights gained from comparative analysis of the incarceration of women? How are the trends in women’s incarceration related to country-specific  conditions and/or global transformations in systems of crime and justice?

    Submission Procedures:

    We welcome papers from all disciplines. Abstracts of 200- 300 words are due by December 22, 2008. Please email abstracts to Jan Sellem, Program Associate for the FLT  Project: jan.sellem@emory.edu. Authors will be informed of acceptance of proposals by January 5, 2009.

    Workshop Organizers are  Martha L.A. Fineman (Emory University School of Law),  Kristin Bumiller (Professor, Amherst College),  Pamela D. Bridgewater (Washington College of Law).

    -Bridget Crawford

    Share
    Posted in Call for Papers or Participation, Race and Racism, Reproductive Rights, Upcoming Conferences, Women and Economics | Comments Off on CFP: Women, Incarceration and Human Rights, February 27-28, Atlanta, GA

    Law Student Writing Competition on Domestic Violence Issues

    From the FLP Mailbox, this announcement of the annual law student writing competition sponsored by the ABA Commission on Domestic Violence:  

    Law students are invited to submit articles addressing domestic violence and the law from a national or international perspective.  

    The winner’s paper will be published in the American University Journal of Gender, Social Policy & the Law

    All winners’ names and papers will also appear on the ABA Commission on Domestic Violence website.

    The deadline is  May 31, 2009, 5:00 p.m. EST via email at runger@staff.abanet.org.   No exceptions.   Winners will be notified in August 2009.  

    Submissions must further the legal needs of victims of domestic violence or domestic violence victims and their children, or advance efforts to address the incidence, causes and effects of intimate partner violence.  

    Submissions may be no longer than 7500 words (typically 20-25 pages), including footnotes and other text but excluding author identifying information, and must be double-spaced with one-inch margins. Any paper exceeding the 7500 word limit WILL NOT BE CONSIDERED. Students are free to submit papers of shorter length as we are most concerned with quality and originality.

    Authors must be enrolled in an ABA-accredited law school at the date of their submission or must have graduated in December 2008 or later.  

    Submissions may not have been previously accepted for publication and, if they have been submitted elsewhere for publication, the first place winner must certify that the first publication of the article will be in the Journal of Gender, Social Policy & the Law.

    Thanks to the ABA for sponsoring this writing competition for students.

    -Bridget Crawford

     

    Share
    Posted in Law Teaching | Comments Off on Law Student Writing Competition on Domestic Violence Issues

    Are Apples Gender Neutral?

    And if strawberries are female, are bananas male?

    Share
    Posted in Feminism and Culture, Feminist Blogs Of Interest | Comments Off on Are Apples Gender Neutral?

    Carol Sanger, “Seeing and Believing: Mandatory Ultrasound and the Path to a Protected Choice”

    Abstract:
    Several state legislatures now require that before a woman may consent to an abortion, she must first undergo an ultrasound and be offered the image of her fetus. The justification is that without an ultrasound, her consent will not be fully informed. Such legislation, the latest move in abortion regulation, supposes that a woman who sees the image will be less likely to abort. This Article explores how visual politics has combined with visual technology, and how law has seized upon both in a campaign to encourage women to choose against abortion. While rarely analyzed, the significance of seeing, or what one court has called sensory and contemporaneous observance, in fact appears throughout the law. This Article develops a visuality of law, focusing specially on the treatment of fetal imagery.

    Drawing upon medical and ethnographic literature on sonography, this Article situates the regulatory appeal of mandatory ultrasound within a preexisting visual familiarity with the fetus. I argue that while a welcome and rewarding experience in the context of wanted pregnancies, ultrasound becomes pernicious when required by law in connection with abortion. The argument I develop is that not only is an abortion decision itself protected, but so is the deliberative path a woman takes to reach that decision.

    Mandatory ultrasound intrudes upon that protected area of decisionmaking in several respects. First, simply by virtue of having an ultrasound, a pregnant woman is promoted into the category of mother and it is against this conscripted status that she must proceed. Second, unlike other compulsory forms of abortion disclosure, the statutes require the woman to use her body to produce the very information intended to dissuade her from pursuing an abortion. The resulting fetal image is intended as a self-evident statement about the meaning of human life.

    But characterizing the fetus as a child, as most ultrasound statutes do, is a political description, not a scientific one. It confuses medically informed consent with what I identify as morally informed consent, that realm of personal considerations that are a woman’s alone to determine. Imbued with indelible social meaning, the mandatory ultrasound requirement replaces consent with coercion – not about the ultimate decision, but about how a woman chooses to get there.

    Downloadable here.

    Share
    Posted in Feminism and Law, Feminism and Science, Reproductive Rights | 1 Comment

    “Meet the Press…with another white dude”

    Post about the lack of diversity on Meet the Press here, at Viva La Feminista.

    See also this HuffPo piece by Carol Jenkins, Not Enough Cracks in the Media’s Glass Ceiling.

    Share
    Posted in Sexism in the Media, The Underrepresentation of Women | Comments Off on “Meet the Press…with another white dude”

    Universal Declaration of Human Rights

    “a single short document of 30 articles that has probably had more impact on mankind than any other document in modern history.”

    — UN High Commissioner for Human Rights Navi Pillay, in her statement marking the 60th anniversary of the Universal Declaration of Human Rights

    Sixty years ago today, the UN General Assembly adopted the Universal Declaration of Human Rights by a vote of 48 in favor, 0 against, and 8 abstentions (the six Soviet bloc states, Saudi Arabia and South Africa).
    One summer years ago, as I read through the hundreds of microfiches of the drafting documents of the Universal Declaration of Human Rights for an article on hate speech in international law, I gained new perspectives on the document. I saw how erroneous the common assertion was that economic and social rights were supported by the Soviet bloc but opposed by the West, and how the drafting sessions were used as a forum for calling attention to racial discrimination and lynchings in the United States. The Cold War entered into the drafting sessions. And women delegates pressed for language to ensure that a”universal”declaration of rights would include women in that universe.
    Over at IntLawGrrls I’ve posted some comments on the drafting history of the Universal Declaration, addressing:
    • Rights for “all men” or “all human beings”?
    • US opposition to including “equal rights of men and women” in the Preamble
    • Racial discrimination and lynchings in the United States
    • Rights — and duties
    • The myth of opposition by the West to economic, social and cultural rights
    Full post here.
    – Stephanie Farrior
    Share
    Posted in Uncategorized | Comments Off on Universal Declaration of Human Rights

    Today is Jane Addams Day!

    null

    Learn more here!

    In light of yesterday’s events in Illinois, it is good to be reminded of all the good that civic minded people can do. Of course, we would all have to do an awful lot to match the accomplishments of Jane Addams.

    –Sharon Sandeen

    Share
    Posted in Feminism and Culture, Feminism and Families, Feminism and Politics | Comments Off on Today is Jane Addams Day!

    Cheerleading accounted for two-thirds of all catastrophic injuries among female high school and college athletes.

    That’s a statistic from this WaPo article, entitled: “Rooting for Safety: Cheerleading Is Risky But Ill-Regulated.” Below are a couple of excerpts:

    … Concerns about cheerleading safety arise whenever a high-profile accident occurs. But alarm spiked again this summer when the National Center for Catastrophic Sports Injury Research, which has been tracking sports safety nationwide for 25 years, reported that cheerleading accounted for two-thirds of all catastrophic injuries among female high school and college athletes.

    The total number of “catastrophic” incidents, defined as death or serious injury, such as head or neck damage leading to permanent disability, was relatively small. The center documented just 93 such cases between 1982 and 2007: 67 that occurred among high school students and 26 in college. And although other sports, such as football, produce far more devastating injuries, Mueller, who runs the center, calculated that the numbers translate into a rate of 2.68 catastrophic injuries for every 100,000 female high school cheerleaders, which exceeds the rate for many other high school sports. …

    … Part of the problem, [Debbie Bracewell, executive director of the National Council of Spirit Safety and Education] said, is schools do not do a good enough job making sure they hire qualified coaches and pay to keep their training up to date.

    “If schools would hire cheerleading coaches as vigorously as they hire football and basketball coaches, you’d see a difference in those statistics,” she said. …

    Sounds like the safety of cheerleaders is not of much concern because they are just a bunch of girls.

    –Ann Bartow

    Share
    Posted in Academia, Feminism and Culture, Women's Health | Comments Off on Cheerleading accounted for two-thirds of all catastrophic injuries among female high school and college athletes.