New Book Announcement: Jill Elaine Hasday, “Family Law Reimagined”

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Jill Elaine Hasday (Minnesota) has published a new book, Family Law Reimagined (Harvard U. Press, 2014).  Here is the publisher’s description:

One of the law’s most important and far-reaching roles is to govern family life and family members.  Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds.  Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community.

Family Law Reimagined is the first book to explore the canonical narratives, stories, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles.  These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children’s interests over parents’ rights.

In this book, Jill Elaine Hasday reveals how family law’s canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue.  She demonstrates how much of the “common sense” that decisionmakers expound about family law actually makes little sense.

Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform.  The book challenges conventional answers and asks questions that judges and lawmakers routinely overlook.  It calls on us to reimagine family law.

-Bridget Crawford

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Posted in Feminism and Families, Recommended Books | Comments Off

Death of Maya Angelou

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image source: biography.com

Maya Angelou died today.  Here is an excerpt from her obituary in the New York Times.

Maya Angelou, the memoirist and poet whose landmark book of 1969, “I Know Why the Caged Bird Sings” — which describes in lyrical, unsparing prose her childhood in the Jim Crow South — was among the first autobiographies by a 20th-century black woman to reach a wide general readership, died on Wednesday in her home. She was 86 and lived in Winston-Salem, N.C.

* * * Throughout her writing, Ms. Angelou explored the concepts of personal identity and resilience through the multifaceted lens of race, sex, family, community and the collective past. As a whole, her work offered a cleareyed examination of the ways in which the socially marginalizing forces of racism and sexism played out at the level of the individual.

Read the full obituary here.

May her memory be a blessing.

-Bridget Crawford

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In Honor of Memorial Day

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A crowd of African American Women’s Army Corps members waving at the camera, Staten Island Terminal, New York Port of Embarkation, March 13, 1946. Image source: NY Public Library.

And check out the Women In Military Service For America Memorial Foundation’s web site here.

-Bridget Crawford

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A Feminist Theoretical Take on Virginity Auctions

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Various press outlets (not linked here) have reported that a medical school student planned to auction her virginity and then cancelled that plan.  Over at Feminist Current, Elisa Haf writes thoughtfully about the situtation in “Student Virginity Auctions and Sexual Economics.” Here is an excerpt:

There is a lot to analyze here….I’m more interested in the context of such choices (so how free they really are) as well as in why they are women’s to make in the first place. Why do women go there? Why do we consider sex work?

Student virginity auctions are particularly telling on this point. Because both men and women have to pay for higher education, yet the only student virginity auctions I’ve heard of have been flogging a woman’s first time. This could be about heightened scrutiny of women’s sexual choices, but I actually think (though I can’t think of a way of proving this) that a story about the auction of a man’s virginity would attract more page views and scandal. It would at least be novel. So in this case, at least on the most basic level, if we ill-advisedly forget about women being more likely than men to have dependents and probably getting paid less for doing the same work if they have a job alongside their studies and so on and so fourth — if we basically pretend for a minute that men and women are on an economically equal playing field when it comes to higher education and paying for it, and if we factor in that most people in higher education — including, apparently, the woman of the latest virginity auction story — probably have more economic options than your standard issue young person, then why do female students sell their virginities (and enter sex work in other ways)? Why are they seemingly more likely to do so than their male counterparts? On the admittedly flawed terms we’ve set up, it isn’t economic necessity driving them to it.

Does this mean that “transactional” is just the way women’s sexuality is — meant for commodification somehow?

The theory of sexual economics, widely unpopular among feminists, has been interpreted to claim so. But an insight of the theory which is often overlooked is its emphasis on the role of equality in shaping socio-sexual norms. Basically, the idea is that sex is something women have and men want (a “female resource”) which women exchange with men for access to some of the resources men have that women don’t to the same degree — wealth, status, earning power. Women police each other’s sexualities in order to keep sex in low supply for men, enabling women as a class to demand a higher price for it. However, when women have greater access of their own to resources like wealth, status and earning power, women are less bothered about the price they can get for sex. Conversely, a woman in particularly dire straits — with little to no access to such resources — is more likely to take whatever she can get for sex. So really well off and really badly off women are more likely to have sex in exchange for less, but better off women’s choice to do so is freer.

Read the full post here.

-Bridget Crawford

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Emory Hiring Announcement

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From the FLP mailbox:

Good news for those interested in the Vulnerability and the Human Condition Initiative! One of Emory Law’s hiring priorities for Fall 2015 is Vulnerability and Law.

Emory Law is doing a search for a scholar interested in vulnerability theory, structural disadvantage and inequality, and social justice generally.  The scholar’s “traditional” subject matter can be anything – health, corporations, family, education, employment, human rights, etc.- the point is that they are using a theoretical approach that considers the implications of human vulnerability and the need to structure a more responsive state through law and regulation. This is an exciting development for the vulnerability approach, which grew out of the work on dependency, care, and social justice undertaken by the Feminism and Legal Theory Project and other feminist organizations and is now embodied in the Vulnerability and Human Condition Initiative at Emory.

Anyone interested should send a CV and email inquiry to Martha Fineman –  mlfinem@emory.edu (chair of the Vulnerability and Law sub-committee).

-Bridget Crawford

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“Men Explain Things to Me” by Rebecca Solnit

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Soraya Chemaly published an interview with Rebecca Solnit here. Below is an excerpt:

You know, I had a wonderful conversation about a month ago with a young Ph.D. candidate at U.C. Berkeley. I’ve been a little bit squeamish about the word “mansplaining,” because it can seem to imply that men are inherently flawed, rather than that some guys are a little over-privileged, arrogant and clueless. This young academic said to me, “No, you don’t understand! You need to recognize that until we had the word ‘mainsplained,’ so many women had this awful experience and we didn’t even have a language for it. Until we can name something, we can’t share the experience, we can’t describe it, we can’t respond to it. I think that word has been extraordinarily valuable in helping women and men describe something that goes on all the time.” She really changed my opinion. It’s really useful. I’ve always been interested in how much our problems come from not having the language, not having the framework to think and talk about and address the phenomenon around us.

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CFP: Lavender Law Junior Scholars Forum

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From the FLP mailbox:

This year the Lavender Law® Conference & Career Fair will be held August 21-23, 2014 at the Sheraton New York in New York City. Lavender Law brings together the best and brightest legal minds in the lesbian, gay, bisexual, and transgender (LGBT) community.

To celebrate our community of scholars, Lavender Law® is hosting a Junior Scholars Forum again this year. This year, the forum will be devoted to individuals who intend to participate in the AALS annual entry-level hiring conference in Washington, D.C. If you are planning to participate in the entry-level hiring process this year, and your work focuses on the nexus between the law, gender, and sexuality, we encourage you to apply.

To submit a proposal for consideration, please email (1) a 5-10 page overview of your job talk; and (2) a copy of your cv to Courtney Joslin (cgjoslin@ucdavis.edu) and Joseph Landau (jlandau4@law.fordham.edu).

The deadline for submissions is Friday, June 13, 2014.

If you are selected to participate, a complete draft of your job talk will be due by August 1, 2014.

-Bridget Crawford

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Mae Quinn on “Policing Puberty, Purity and Sex Positivity”

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Mae Quinn (Washington University in St. Louis) has posted to SSRN her article From Turkey Trot to Twitter: Policing Puberty, Purity, and Sex Positivity, 38 NYU J. L. & Social Change 51 (2014).  Here is the abstract:

From outward appearance, to physical presence, to intimate communications and engagements, young people have continually faced familial, community-based, and state-sponsored management of their most basic day-to-day actions and interactions. This obsession with policing puberty has, at times, reached the level of panic. This article seeks to examine this recurring phenomenon and suggests that adults find more productive ways to grapple with the teen identity formation process in this country.

It focuses on one particularly powerful panic-producing intersection of adolescence with American life – young girls and the big city. It describes reform efforts that took place in emerging urban centers at the turn of the last century, comparing them to the policing strategies that are taking place in our newest metropolis – the internet.

In doing so this article analyzes how the state has repeatedly worked to proscribe and prosecute a wide range of popular adolescent activities in the name of protecting youth from the dangers of modern life. It further argues that instead of providing a sense of security for young girls, such punitive actions often have sent mixed messages about intimacy and sexuality, discounted youthful and female agency, and unnecessarily attempted to prevent social change. In the end this article argues we should take some lessons from the failed efforts of the Progressive Era and respond differently to adolescent girls’ identity exploration in the 21st century.

The full article is available here.

A worthwhile read!

-Bridget Crawford

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#BringBackOurDaughters, #BringBackOurGirls

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#BringBackOurDaughters, #BringBackOurGirls

The kidnapped girls of Chibok are on my mind. On April 15, 2014, armed men kidnapped well over two hundred Nigerian schoolgirls (estimates range up 276) from their school. The kidnapping occurred at the Government Girls Secondary School, in Chibok, Borno State, Nigeria. Chibok is a rural village in the northeastern portion of Nigeria near the borders of Chad and Cameroon. The kidnapped girls were in the midst of taking examinations. While some of the kidnapped girls have escaped, the majority of the girls remain either in the hands of the captors or in parts unknown. As horrifying as the kidnappings are, perhaps more distressing is the fact that to date there is apparently no official, state-based or international effort to recover the girls. Instead, parents and concerned citizens have formed groups to attempt the rescue of the girls.

#BringBackOurDaughters, #BringBackOurGirls

The kidnappings are a reminder that despite the freedoms that some women enjoy today, there is an ever-present fact that shadows the scene: women’s bodies are often the field on which political, social and legal battles are fought. These battles are seen in the continuing threat of sexual assault and gender-based violence; these battles are also seen in efforts to control reproductive freedom and access to education, and in proliferating pornographic norms that elide art, aesthetics, commerce and political speech and in the process demean and diminish women. While in some ways some women gain power, at the same time many women’s rights are reduced, and their voices are frequently silenced. Women too often find themselves not only muted but transmuted from members of the body politic to principal objects in the politics of the body.

#BringBackOurDaughters, #BringBackOurGirls

The politics of the body put the human body, and especially women’s bodies, at the center of political engagements and manipulations. The kidnapping of the girls of Chibok, in order, say some, to make then “wives,” not only terrorizes the girls and their families, but also serves as a means of relegating girls and women to civic outsiders, mere pawns in a cynical game of political brinksmanship. And the tepid response of the international community makes it difficult to distinguish condemnation from condonation.

#BringBackOurDaughters, #BringBackOurGirls

So please join me in moving this matter to the center of public consciousness. Don’t be saddened. Be outraged. Command, demand. Speak, write, march to bring our daughters, our girls, home.

-Lolita Buckner Inniss

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

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Faith Stevelman on the Credibility Gap for Women in Teaching Business Law

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The following was posted by Faith Stevelman (NYLS, Visiting Professor at University of Washington) to the Section on Women in Legal Education’s listserv and is reprinted with permission:

Yes indeed, as the enrollment and jobs crises roll along, there will be more and more pressure for faculty to obtain favorable evaluations. Favorable evaluations are all about the match between students’ expectations and whatever the reality is in the classroom (ie, not necessarily an objective measure of quality of instruction by any means, we know this, right?). If we find latent expectations in the objective features of the classroom, what does that say about the rest of the classroom experience in terms of gender, stereotypes and failed conformity?

My impression, along with constant media reports about women and glass ceilings in technical fields, is that there is still a credibility gap for some students with women teaching corporate finance, as well as business law subjects, and indeed all other subjects where expectations of power, mastery and hierarchy linger. Consider, as I read in the NYT this weekend (on the subject of the relative paucity of women in senior media positions): “The closer you get to money and power the more the people talking about the subject are expected to look like the people being covered.” … What does that say for women  law professors?

You can flip this of course: what does this ‘matching’ assumption mean for women faculty being ‘validated’ in our teaching of family law or poverty law or ADR … ? How to avoid implicitly validating stereotypes of concern for families/children, poor people and reducing contentiousness being marginal/outsiders’ concerns?

Again,  I teach business law classes, usually in very large rooms. If I set myself back to the podiums, I will not see or hear my students. I usually move a stool and often a low desk closer to the students. I also use slides and set all that up, along with a remote and microphone, etc. I have to spend fifteen minutes, at least, readying the classroom. As I putter around doing this, to different students I simultaneously look very organized or very disorganized, depending on their frame of reference.  Also, I cannot always access my classroom with all the time required to make all the technology and furniture adjustments prior to the exact starting moment of the class – disorganized? Can I tell you how silly I feel dragging a desk or stool into the well of the room? (No one ever offers to help … fear of looking like teacher’s pet?)

Also,  I walk around the room to see and hear the students better. I had a senior male colleague tell me that perhaps I lose authority in doing that. What’s clear is that perhaps I aggravate the students in doing that, because they cannot be safely away from my seeing their laptops and speaking with them about the day’s topics. I go with the option of shaking them out of their comfort zone in the hope that they are stimulated to pay attention and be present, but it doesn’t necessarily help me garner favor with students.

So here is the final, extremely painful thing I will share: I recently was asked to watch and critique tapes of my teaching. I had never done this before. Although nothing is more important to me than the quality of my teaching, I was concerned that watching myself on tape would result in my being self-conscious later on, in real time, in the classroom  … So guess what? It was awful and it did.

As I watched myself, I had the twin experience of being both “excessively” female (hair, breasts, hips, feet not in wingtips, ugh!) and insufficiently attractive as a female (bags under my eyes… wow, when did I get ‘old’?). I could not turn off the experience of myself as being vulnerable and disappointing as a WOMAN professor and being vulnerably and disappointing as less than perfectly groomed and fit as a female leader. This is one of the most embarrassing things I have ever felt; I was horrified at myself. Here is the point:  If I myself – a committed feminist —  cannot really displace this experience of my gender, how can the students be free of this experience? And if they are not free of the gendered view of my teaching, can their evaluations be free of material bias?

We will need to be protective of our hardworking sisters in these perilous times!

-Faith Stevelman

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Should Connecticut’s New Campus Sexual Assault Legislation Be a National Model?

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Yesterday, Connecticut Governor Dannel P. Malloy “signed legislation into law that will strengthen sexual assault prevention and response procedures at institutions of higher learning in Connecticut.” Today, an editorial in The Courant asserted that the legislation should be a national model. So, what exactly does the legislation accomplish?

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What to Buy at a Certain Big-Box Store

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According to the venerable Consumer Reports (here), consumers are making a mistake in stocking up at Costco on bathroom tissue or dishwashing detergent.  What’s cheap and great quality there, according to CR?

-Bridget Crawford

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Via.

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Case Western Law School retaliation law suit update

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Here. Oy.

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“As Dartmouth makes efforts to combat sexual assault, posts on an anonymous online forum have students terrified.”

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Below is an excerpt from “How Cyberbullying Is Making Sexual Assault on College Campuses Even Worse” by Katie Van Syckle:

Less than two months ago, a commenter on an anonymous online forum threatened to gang-bang me at a fraternity house. “Is the Cosmo writer actually coming to Dartmouth?” the poster wrote on BoredatBaker.com, a forum open to anyone with a Dartmouth.edu email address. “We should invite her to AD and run train on her. Take pics. Publish it in the next Cosmo issue.” Two commenters supported the plan. One suggested peeing on me too.

AD, or Alpha Delta, is Dartmouth’s rowdy cool-boys frat, the inspiration for Animal House and where current college president Phil Hanlon (Dartmouth ’77) pledged. I had contacted Hanlon — a 60-something mathematician — for an article on the new sexual assault policy at Dartmouth. I hadn’t heard back from him, but I’d spoken to enough people on campus to make my presence known.

I found the post while sitting on my couch in Brooklyn in late March, four days after it was posted. I called the college’s campus police, Safety and Security, and they offered to send an S&S officer. I told them I was off campus. They took my class year — I graduated from Dartmouth in 2005 — my birthday, and asked for a screenshot. Two hours later, the Hanover Police called.

“Do you know who would have written it?” the officer asked. I told him I didn’t. He wasn’t optimistic that he could find the author or hold anyone responsible. He said the Hanover Police get calls like mine about Bored at Baker once a month. …

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Sir Young and the “Typical Sex Offender”

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A sexual assault case out of Texas is making national headlines based upon the comments and sentence imposed by the judge. From the CNN article on the case:

She could have sentenced him to 20 years in prison after he admitted to raping a 14-year-old girl in her high school.

Instead, a Texas judge gave the defendant a 45-day sentence and probation after implying that the victim was promiscuous. next in Texas rape case?

Judge Jeanine Howard told The Dallas Morning News that she based the sentence, in part, on medical records indicating that the girl had had three sexual partners and had given birth.

She told the newspaper that the victim “wasn’t the victim she claimed to be” and said the defendant, 20-year-old Sir Young, “is not your typical sex offender.”

This, of course, begs the question: What is the typical sex offender?

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Where are the Women? U of Illinois Law Review Edition

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Illinois Law Review, Issue 2014:2

University of Illinois Law Review Logo

University of Illinois Law Review, Issue 2014:2

4 articles; no female faculty authors. 3 student notes; 1 female student author.

-Bridget Crawford

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Judith Butler’s Interview with TransAdvocate

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Cristan Williams of The TransAdvocate interviews Judith Butler here.  Here is an excerpt:

nothing is more important for transgender people than to have access to excellent health care in trans-affirmative environments, to have the legal and institutional freedom to pursue their own lives as they wish, and to have their freedom and desire affirmed by the rest of the world. This will happen only when transphobia is overcome at the level of individual attitudes and prejudices and in larger institutions of education, law, health care, and kinship. – See more at: http://www.transadvocate.com/gender-performance-the-transadvocate-interviews-judith-butler_n_13652.htm#sthash.VYAmJwTN.dpuf

 

nothing is more important for transgender people than to have access to excellent health care in trans-affirmative environments, to have the legal and institutional freedom to pursue their own lives as they wish, and to have their freedom and desire affirmed by the rest of the world. This will happen only when transphobia is overcome at the level of individual attitudes and prejudices and in larger institutions of education, law, health care, and kinship. – See more at: http://www.transadvocate.com/gender-performance-the-transadvocate-interviews-judith-butler_n_13652.htm#sthash.VYAmJwTN.dpuf

 

nothing is more important for transgender people than to have access to excellent health care in trans-affirmative environments, to have the legal and institutional freedom to pursue their own lives as they wish, and to have their freedom and desire affirmed by the rest of the world. This will happen only when transphobia is overcome at the level of individual attitudes and prejudices and in larger institutions of education, law, health care, and kinship

othing is more important for transgender people than to have access to excellent health care in trans-affirmative environments, to have the legal and institutional freedom to pursue their own lives as they wish, and to have their freedom and desire affirmed by the rest of the world. This will happen only when transphobia is overcome at the level of individual attitudes and prejudices and in larger institutions of education, law, health care, and kinship

[N]othing is more important for transgender people than to have access to excellent health care in trans-affirmative environments, to have the legal and institutional freedom to pursue their own lives as they wish, and to have their freedom and desire affirmed by the rest of the world. This will happen only when transphobia is overcome at the level of individual attitudes and prejudices and in larger institutions of education, law, health care, and kinship.

Read the full interview here.

-Bridget Crawford

nothing is more important for transgender people than to have access to excellent health care in trans-affirmative environments, to have the legal and institutional freedom to pursue their own lives as they wish, and to have their freedom and desire affirmed by the rest of the world. This will happen only when transphobia is overcome at the level of individual attitudes and prejudices and in larger institutions of education, law, health care, and kinship. – See more at: http://www.transadvocate.com/gender-performance-the-transadvocate-interviews-judith-butler_n_13652.htm#sthash.VYAmJwTN.dpuf
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End Sexist Citation

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Others on this blog have noted, with some shocking numbers, how leadership posts and article slots in top journals exclude women.  It appears they also may be missing “below the line.” This article “Are You Reading Enough Academic Women” asserts that being a woman substantially lowers one’s potential for having one’s work cited.

The article does not just decry the practice but shares concrete suggestions, many of which are sourced from a study by B.F. Walter and others.  My favorite: women are less likely to cite to themselves (hint, hint, sisters!) and we (I include myself here) should send our pieces out just using an initial in lieu of our first name.  It may not entirely shield the reader from the author’s sex but may prevent sex from shaping first reactions to women’s pieces.

The article concludes with an exhortation that we make sure there’s parity in our syllabi and cites, and especially that we try to read more women this year.  Let’s do it!

Speaking of citation, thanks to Imani Perry for sharing.

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Harvard Law School is on a list of 55 schools under Title IX investigation related to sexual assaults.

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Story here.

Facing mounting pressure from lawmakers, sexual assault survivors and activists, the U.S. Department of Education on Thursday released for the first time a comprehensive list of colleges and universities under Title IX investigation.

Fifty-five higher education institutions are currently under review by the department’s Office for Civil Rights for allegedly mishandling sexual assault and harassment on campus in violation of the gender equity law Title IX.

UPDATE: The NYT take is here.

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For the Judith Butler Fans

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An interview entitled “A Very Carefully Crafted F**k You” from 2010. Below is an excerpt:

Guernica: The hawkish wing in the “war on terror” has quite effectively claimed the banner of feminism. Is feminism as it has been articulated in part to blame for this?

Judith Butler: No, I think that we have seen quite cynical uses of feminism for the waging of war. The vast majority of feminists oppose these contemporary wars, and object to the false construction of Muslim women “in need of being saved” as a cynical use of feminist concerns with equality. There are some very strong and interesting Muslim feminist movements, and casting Islam as anti-feminist not only disregards those movements, but displaces many of the persisting inequalities in the first world onto an imaginary elsewhere.

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Call For Papers: Audre Rapoport Prize For Scholarship on Gender and Human Rights

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From Karen Engle, Minerva House Drysdale Regents Chair in Law, Co-Director and Founder, Rapoport Center for Human Rights and Justice, University of Texas School of Law

Call for Papers:

Audre Rapoport Prize for Scholarship

on Gender and Human Rights

Deadline: July 1, 2014

The Bernard and Audre Rapoport Center for Human Rights and Justice at The University of Texas School of Law extends a call for papers for the Audre Rapoport Prize for Scholarship on Gender and Human Rights.  The $1,000 prize will be awarded to the winner of an interdisciplinary writing competition on international human rights and women.  The prize is made possible by a donation from University of Texas linguistics professor Robert King in honor of the work of Audre Rapoport, who has spent many hours dedicated to the advancement of women in the United States and internationally, particularly on issues of reproductive health.  It is also meant to further the Bernard and Audre Rapoport Center’s mission to serve as a focal point for critical, interdisciplinary analysis and practice of human rights and social justice.  Previous winning papers can be viewed below.

 

TOPIC:  The scope of the topic is broad.  We welcome papers, from any discipline, that address gender and human rights from an international, transnational, or comparative perspective.  The selection committee will be multidisciplinary and international, comprising faculty from areas such as law, anthropology, literature, and government.

 

ELIGIBILITY:  To be eligible, an author must either be an enrolled student or have graduated from a university within the past year.

 

FORMAT:  Papers should be between 8,000 and 15,000 words and must be in English.  The word limit includes footnotes, endnotes, and appendices.  The submission must consist of original work, and authors must have rights to the content and be willing to publish the paper on the Center’s website. If the paper has not been published elsewhere, the paper may also be considered for publication in the Rapoport Center’s Working Paper Series.  All submissions must be accompanied by an abstract of 100 to 250 words and must be submitted in .doc or .docx format.

 

JUDGMENT CRITERIA:  A panel of multidisciplinary and international faculty and professionals from fields such as law, government, anthropology, and literature will judge the papers anonymously.  Previous committee members have included Helena Alviar (Associate Professor & Director of the Doctorate and Master’s in Law Programs, Universidad de Los Andes), Hilary Charlesworth (Professor & Director of the Centre for International Governance and Justice, Australian National University), and Cecilia Medina (Professor & Director of the Human Rights Center, Universidad de Chile, and immediate past President, Inter-American Court of Human Rights).  Relevant judgment factors include the strength and logic of the argument, depth of the analysis, originality and importance of intervention in the field, thoroughness and soundness of the research, quality of writing (clarity and organization), and formatting and citations.

 

PRIZE:  The winner will receive a $1,000 prize.  The winning paper will be published on the Center’s website.  If the winning paper has not been published elsewhere, it will also be published in the Rapoport Center’s Working Paper Series.  The second-place paper may receive a prize and may be considered for publication in the Working Paper Series.

 

DEADLINE:  Submissions should be sent via email to HumanRights@law.utexas.edu by July 1, 2014.  Please submit paper (without any identifying information), abstract, and full contact details (including university, degree, and anticipated/actual graduation date) in three separate documents, and include “Audre Rapoport Prize for Scholarship on Gender and Human Rights” in the subject line.  The winner(s) will be notified by early September.

 

QUESTIONS?  Please contact us at HumanRights@law.utexas.edu.

 

 

Past Prize Winners

 

Heidi Matthews (2013): “Redeeming Rape: Berlin 1945 and the Making of Modern International Criminal Law”

 

Kali Yuan (2012): “Translating Rights into Agency: Advocacy, Aid and the Domestic Workers Convention”

 

Genevieve Painter (2011): “Thinking Past Rights: Towards Feminist Theories of Reparations”

 

Maggie Corser (2010): “Enhancing Women’s Rights and Capabilities: An Intersectional Approach to Gender-Based Violence Prevention”

 

Sherief Gaber (2009): “Verbal Abuse: Anti-Trafficking Rhetoric and Violence against Women”

 

Alice Edwards (2008): “Violence against Women as Sex Discrimination: Evaluating the Policy and Practice of the UN Human Rights Treaty Bodies”

 

Patricia Palacios Zuloaga (2007): “The Path to Gender Justice in the Inter-American Court of Human Rights”

 

Susan Harris Rimmer (2006): “Orphans’ or Veterans? Justice for Children Born of War in East Timor”

 

Fleming Terrell (2005): “Unofficial Accountability: A Proposal for the Permanent Women’s Tribunal on Sexual Violence in Armed Conflict”

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For Those Who Cringe at the Word “Seminal” When Used in Academic Discourse

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Jenny Davis (Sociology, James Madison University) writes what she calls a “public service announcement” over at Cyborgology.  “Dont Say Seminal, It’s Sexist,” Professor Davis explains:

Yes, “seminal” refers simultaneously to groundbreaking intellectual work and male bodily fluids expelled at the peak of sexual excitement.  First, the metaphor doesn’t even entirely make sense. although the work, like the fluid, is a seed, to earn the seminal descriptor, a work has to have grown into something rich and complex.  It cannot, as semen is wont to do, shoot into an unreceptive environment where it is wiped away, left to quickly die, and ultimately forgotten. Moreover, the metaphor is downright vulgar.  It evokes (at least for me) the image of some dude splooging his ideas all over everything. Finally, and most importantly, the metaphor is blatantly sexist.

To refer to something as “seminal” is equivalent to the compulsory use of the masculine pronoun “he” when one really means “person.” The compulsory “he” has long fallen out of favor (though what “he” should be replaced with is a debate in itself, but I digress), and yet “seminal” persists as an integral part of speech and writing.

Read her full post here.

Professor Davis responds in a subsequent post (here) to what she identifies as four “thematic critiques,” namely:

  • Critique one:  seminal comes from the Latin word “semen” which means “seed” (not sperm) and therefore does not maintain inherent masculine connotations.
  • Critique two: sperm and eggs are both human seeds. Sperm are active and eggs are passive, so it is logical, not sexist, to equate foundational ideas with the active variant.
  • Critique three: “ovulary” as an alternate term is equally sexist.
  • Critique four: I don’t think of sperm when I use the word seminal, therefore my use of the term is not sexist. The author’s interpretation is idiosyncratic and therefore invalid.

Professor Davis effectively each critique, calling out faulty logic, biased premises and incomplete reasoning.  Her full response is worth reading.

-Bridget Crawford

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Posted in Academia, Sociolinguistics | 1 Comment

New Book Announcement: “Gender and Violence in Haiti”

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Rutgers University Press has published a new book by Benedetta Faedi Duramy (Golden Gate).  Here is the publisher’s description of Gender and Violence in Haiti: Women’s Path from Victims to Agents:

Women in Haiti are frequent victims of sexual violence and armed assault. Yet an astonishing proportion of these victims also act as perpetrators of violent crime, often as part of armed groups. Award-winning legal scholar Benedetta Faedi Duramy visited Haiti to discover what causes these women to act in such destructive ways and what might be done to stop this tragic cycle of violence.

Gender and Violence in Haiti is the product of more than a year of extensive firsthand observations and interviews with the women who have been caught up in the widespread violence plaguing Haiti. Drawing from the experiences of a diverse group of Haitian women, Faedi Duramy finds that both the victims and perpetrators of violence share a common sense of anger and desperation. Untangling the many factors that cause these women to commit violence, from self-defense to revenge, she identifies concrete measures that can lead them to feel vindicated and protected by their communities.

Faedi Duramy vividly conveys the horrifying conditions pervading Haiti, even before the 2010 earthquake. But Gender and Violence in Haiti also carries a message of hope—and shows what local authorities and international relief agencies can do to help the women of Haiti.

Traditional print and e-book editions are available.

-Bridget Crawford

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I am the girl who ratted.

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Girl who ratted

From this article:

What is it like to come out as a survivor of sexual assault? For a student at Vanderbilt University, it’s meant being called a “crazy bitch,” “psycho,” “NASTY AS SHIT,” and a “no-good cunt.”

In February, Jane Doe filed charges against AEPi, a Jewish fraternity at the Nashville school’s campus. As reported by the Hustler, Vanderbilt’s student newspaper, an Internet thread emerged this month to shame, mock, and discredit her.

The above comments were posted to CollegiateACB, a website that allows college students around the country an open forum to discuss issues relevant to their university. …

… In a culture that continues to make survivors feel unsafe, many who experience sexual assault never speak out. According to statistics from the Department of Justice, 95 percent of rapes that occur on a college campus will never be reported to the campus police.

There’s a reason why: a 2011 survey in the Chicago Tribune found that over the past six years, less than 3 percent of those allegations ended in a conviction, meaning that few campus rapists will ever see jail time. …

However, what makes the Vanderbilt Jane Doe case unique is that the campus didn’t leave the case solely to administration to handle. Allies at the university have rallied behind the campus, defending her from the climate of bullying that sets to make an example out of her. To show their support, students have been changing their Facebook profile picture to a graphic that reads “I Am the Girl Who Ratted,” in order to raise awareness and hold the university accountable to action.

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CFP: Legal Scholarship We Like, and Why It Matters

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From the FLP mailbox, this CFP:

Legal Scholarship We Like and Why It Matters

University of Miami School of Law

November 7-8, 2014

JOTWELL, the Journal of Things We Like (Lots), is an online journal dedicated to celebrating and sharing the best scholarship relating to the law. To celebrate Jotwell’s 5th Birthday, we invite you to join us for conversations about what makes legal scholarship great and why it matters.

In the United States, the role of scholarship is under assault in contemporary conversations about law schools; meanwhile in many other countries legal scholars are routinely pressed to value their work according to metrics or with reference to fixed conceptions of the role of legal scholarship. We hope this conference will serve as an answer to those challenges, both in content and by example.

We invite pithy abstracts of proposed contributions, relating to one or more of the conference themes. Each of these themes provides an occasion for the discussion (and, as appropriate, defense) of the scholarly enterprise in the modern law school–not for taking the importance of scholarship for granted, but showing, with specificity, as we hope Jotwell itself does, what good work looks like and why it matters.

I. Improving the Craft: Writing Legal Scholarship

We invite discussion relating to the writing of legal scholarship.

1. What makes great legal scholarship? Contributions on this theme could either address the issue at a general level, or anchor their discussion by an analysis of a single exemplary work of legal scholarship. We are open to discussions of both content and craft.

2. Inevitably, not all books and articles will be “great”. What makes “good” legal scholarship? How do we achieve it?

II. Improving the Reach: Communicating and Sharing

Legal publishing is changing quickly, and the way that people both produce and consume legal scholarship seems likely to continue to evolve.

3. Who is (are) the audience(s) for legal scholarship?

4. How does legal scholarship find its audience(s)? Is there anything we as legal academics can or should do to help disseminate great and good scholarship? To what extent will the shift to online publication change how people edit, consume, and share scholarship, and how should we as authors and editors react?

III. Improving the World: Legal Scholarship and its Influence

Most broadly, we invite discussion of when and how legal scholarship matters.

5. What makes legal scholarship influential? Note that influence is not necessarily the same as “greatness”. Also, influence has many possible meanings, encompassing influence within or outside the academy.

6. Finally, we invite personal essays about influence: what scholarship, legal or otherwise, has been most influential for you as a legal scholar? What if anything can we as future authors learn from this?

Mechanics:

Jotwell publishes short reviews of recent scholarship relevant to the law, and we usually require brevity and a very contemporary focus. For this event, however, contributions may range over the past, the present, or the future, and proposed contributions can be as short as five pages, or as long as thirty.

We invite the submission of abstracts for proposed papers fitting one or more of the topics above. Your abstract should lay out your central idea, and state the anticipated length of the finished product.

Abstracts due by: May 20, 2014. Send your paper proposals (abstracts) via the JOTCONF 2014 EasyChair page, https://www.easychair.org/conferences/?conf=jotconf2014.

If you do not have an EasyChair account you will need to register first – just click at the “sign up for an account” link at the login page and fill in the form. The system will send you an e-mail with the instructions how to finish the registration.

Responses by: June 13, 2014

Accepted Papers due: Oct 6, 2014

Conference: Nov. 7-8, 2014
University of Miami School of Law
Coral Gables, FL

Symposium contributions will be published on a special page at Jotwell.com. Authors will retain copyright. In keeping with Jotwell’s relentlessly low-budget methods, this will be a self-funding event. Your contributions are welcome even if you cannot attend in person.

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Call for Abstracts: Colloquium on Environmental Scholarship

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2014 Environmental ColloquiumFifth Annual Colloquium on Environmental Scholarship
at Vermont Law School
October 4, 2014

Deadline for submitting abstracts: June 1, 2014

Vermont Law School will host the Fifth Annual Colloquium on Environmental Scholarship on October 4, 2014. This event offers environmental law scholars the opportunity to present their works-in-progress, get feedback from their colleagues, and meet and interact with those who are also teaching and researching in the areas of environmental and natural resources law and related specialty areas.

If you are interested in presenting a paper at the Colloquium, please submit a working title and short abstractusing the online form here, no later than June 1, 2014. For an abstract to be eligible for submission, the author must anticipate that the paper will still be at a revisable stage (neither published nor so close to publication that significant changes are not feasible) by the date of the Colloquium. We will do our best to include all interested presenters, and will notify authors about acceptances no later than July 1, 2014.

All selected participants must submit a draft paper no later than September 20, 2014, and all participants will be asked to provide commentary on another participant’s paper draft at the Colloquium. Final papers will also be eligible for publication in the Vermont Journal of Environmental Law.

VLS in autumnThe Colloquium panels will take place on Saturday, October 4.  Vermont Law School’s Environmental Law Center and its faculty will host a cocktail reception the night before in the Hanover area, and a dinner on Saturday evening at Vermont Law School.  Further Colloquium details regarding the schedule, events, lodging, and transportation will be posted here as they become available.  For more information on the Colloquium, or if you need assistance uploading your abstract, please contact Courtney Collins at ccollins@vermontlaw.edu or at (802) 831-1371.

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Hiring Announcement: VAP Position in Environmental Law

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Visiting Assistant Professor (VAP) in Environmental Law at Pace Law School

Pace Law School seeks applicants for a new Visiting Assistant Professor (VAP) in Environmental Law. The VAP in Environmental Law will hold a one-year appointment, renewable for a second one-year term. The appointment is designed to mentor and train future environmental law professors.

The VAP will have a reduced teaching load of one course per semester, the opportunity to focus on scholarly research and writing, and the expectation that s/he will enter the law school teaching market. The VAP will receive the same office and administrative support as other faculty members, is invited to participate fully in faculty activities, and will receive a small travel and research fund. Additionally, the VAP will present a work in progress at Pace Law School’s Future Environmental Law Professors Workshop, receive feedback and mentoring from other scholars, and present a finished manuscript to the faculty at our weekly scholarly colloquium.

The salary for the VAP in Environmental Law is $55,000 per year plus benefits, including health and dental insurance. The VAP will not be eligible for a full-time tenure-track or tenured faculty appointment at Pace Law School until after six years following the completion of his/her term in residence.

Candidates will be selected based on their prior work and educational experience, and teaching and scholarly potential. Pace is committed to achieving equal opportunity in all aspects of University life.  Applications are encouraged from people of color, individuals of varied sexual and affectional orientations, individuals who are differently-abled, veterans of the armed forces or national service, and anyone whose background and experience will contribute to the diversity of the law school.  Pace is committed to achieving completely equal opportunity in all aspects of University life.

Applicants should submit:

  • Curriculum Vitae (that lists three references and law school courses the candidate would be interested in teaching)
  • If possible, one published scholarly article or unpublished paper draft that reflects the candidate’s scholarly interests and potential

The application deadline is May 1, 2014.

If you would like to be considered for a Visiting Assistant Professor in Environmental Law appointment beginning in the Fall of 2014, please send your application materials via email to Professor Jason J. Czarnezki at jczarnezki@law.pace.edu. Only electronic submissions will be accepted.

-Bridget Crawford

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What’s Wrong with Men’s Studies

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The Chronicle has some convoluted, and perhaps confused, thoughts here (pay site; sorry).

-Bridget Crawford

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Ensuring Access to Justice for Transgender People

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In October, 2013, the New York State Judicial Institute sponsored a 3-day training program for judges and court personnel on “Transgender Litigants in the Courtroom: Providing Equal Access and Impartial Justice.” Transcripts of the program are available here, as is a list of program material. Some highlights include:

The organizer of the program was Judge Peter Moulton, a supervising judge of the New York County Civil Court.  In his opening remarks, Judge Moulton said:

We’re here today to discuss how to make the Court system a safe place for transgender people. Court personnel, judicial and nonjudicial, whether straight, gay and
lesbian, transgender, or questioning, need to ensure that transgender people in our courts have the same access to justice as anyone else. That does not mean that we, as court personnel must shed the neutrality that’s the hallmark of any well-ordered court system. It does mean that we need to create a court environment that is respectful of transgender people and cognizant of the special challenges they face in our court system.

Source here. H/T DS.

-Bridget Crawford

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Off is On!

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Via.

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Two Recent Works by Michele Gilman

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Michele Gilman (Baltimore) has published two recent pieces that may be of interest to blog readers:

Michele Gilman, Feminism, Democracy, and the “War on Women,” 32 J. of Law & Inequality 1 (2014).

This article analyzes the social conservative attacks on women preceding the 2012 election cycle, known as the War on Women, and the ensuing feminist response. Combat was waged on many fronts, including abortion restrictions, access to contraception, funding for Planned Parenthood, welfare programs, and workplace fairness. The article discusses what this “war” means for the complex relationship between feminism and democracy. American democracy has had both liberating and oppressive effects for women, while feminism has sometimes struggled internally to appropriate the values of democracy and externally to harness its potential. Accordingly, the article explains the major political theories regarding feminism and democracy and reflects on how the War on Women and its after effects impact those theories. The Article concludes that the War on Women reconfigured the relationship between feminism and democracy by reinvigorating the feminist political movement, redefining the scope of women’s issues, realigning women voters across interest groups, and spurring a surge of women into office. Still, the War on Women kept feminism on the defensive, thereby draining the movement of the ability to fashion a feminist offensive. Thus, the feminist movement needs to generate an agenda that will wage a war for women.

Michele Gilman, The Return of the Welfare Queen, 22 J. of Gender, Social Policy, & the Law 247 (2014) (symposium).

After welfare reform was passed in 1996, there was every reason to hope that the welfare queen was dead. The “welfare queen” was shorthand for a lazy woman of color, with numerous children she cannot support, who is cheating taxpayers by abusing the system to collect government assistance. For years, this long-standing racist and gendered stereotype was used to attack the poor and the cash assistance programs that support them. In 1996, TANF capped welfare receipt to five years and required work as a condition of eligibility, thus stripping the welfare queen of her throne of dependency. Nevertheless, during the 2012 presidential campaign, Republican candidate Mitt Romney resurrected the welfare queen. In a barrage of television campaign ads, Romney inaccurately accused President Obama of gutting TANF work requirements, while President Obama responded by touting his own tough-on-welfare credentials. In the subsequent battle over which candidate was toughest on the poor, there was no mention that TANF is largely a failure. While TANF enrollment has plunged since 1996, it has not reduced poverty. Instead, it pushed many poor mothers into the low-wage workforce, where they struggle to survive on meager wages. In addition, many families have slipped out of the safety net altogether, sanctioned by TANF caseworkers or discouraged by TANF’s onerous application requirements, privacy-stripping processes, and stingy grants. As a result, only 4.5 million people receive cash assistance through TANF, amounting to 0.47% of the federal 2012 budget. In other words, the political salience of the welfare queen far outstrips her numbers. The good news is that Romney’s dependency rhetoric did not work and may have backfired. The bad news is that the welfare queen still lurks behind repeated calls to cut government benefits and to criminalize poverty. This article explores the legacy of the welfare queen, her return in the 2012 presidential campaign, and the current inadequacies of TANF. The article concludes with suggestions to reform TANF in the hopes of burying the welfare queen once and for all.

Worth a read!

-Bridget Crawford

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CFP: Teaching Through the Digital Divide

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From the FLP mailbox:

Professing Feminism: Teaching Through the Digital Divide
Deadline: Dec. 15, 2014
Page limit 15-25 pages
Format: Email articles in MLA style. Double spaced. MSWord attachments only.

Contact: professingfeminism@hotmail.com

Professing Feminism,inspired by our own online teaching experiences in for-profit and not-for-profit higher education, will be a path-breaking anthology exploring feminist pedagogy and feminist content in online courses. Have you had experience teaching feminism online? How can your shared experience help facilitate the inclusion of feminist pedagogy and feminist content in the growth of online teaching thatis rapidly mushrooming?

We are open to essays that both critique and positively evaluate the potential for professing feminism in online work, in a variety of contexts. Submissions can cover any aspect of the experience of feminism, feminist pedagogy, online teaching and online learning.

We are especially interested in articles that address the following topics:

  • Enacting a feminist pedagogy in online courses
  • Feminism and for-profit schools
  • Teaching other people’s feminism (teaching from prewritten courses in for-profit or not-for-profit online programs).
  • Providing feminist context in classes that include women’s literature, but provide no feminist context to the works.
  • Men and feminism in online classes.
  • Encouraging feminism in composition classes (or any classes where feminist content is rarely found or emphasized).
  • Academic hierarchy and feminism in online schools.
  • Feminist collaboration:issues of isolation, networking and publishing as an online adjunct
  • Addressing the stigma of teaching online and the divide between online and on ground schools and instructors.
  • Addressing the negative perceptions of online teaching.
  • The role of feminism in the new model of online teaching and for-profit schools
  • Feminism’s role within the job preparation emphasis in online schools

About the Editors:

Melissa Rigney has over 10 years online teaching and course development experience in both for-profit and not-for-profit higher education. In addition to a PhD in English from the University of Nebraska, she also has an M.S in Educational Technology from Texas A&M.

Batya Weinbaum holds a doctorate in English from University of Massachusetts at Amherst. She has been teaching feminism online since 2007, and has been editing the journal Femspec since1997. Her scholarship, including writings on feminist pedagogy, has appeared in numerous venues, including Transformations, a journal of inclusive teaching practices. She has published three scholarly books, including a book with University of Texas Press, and has been included in numerous scholarly anthologies.

-Bridget Crawford

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Patricia Hill Collins, “Lessons from Black Feminism”

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Earlier this year, Patricia Hill Collins spoke at Grand Valley State University (Michigan).  Her talk, “We Who Believe in Freedom Cannot Rest: Lessons from Black Feminism,” was sponsored by the University’s Office of Multicultural Affairs, Women’s Center and LGBT Resource Center.  Here’s a video of her talk:

-Bridget Crawford

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Reclaiming “ladylike”?

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That’s the topic of this NYT op-ed. Here is an excerpt:

Recently, Senator Claire McCaskill, Democrat of Missouri, trained her sights on a single word — “ladylike.” “Ladylike,” Ms. McCaskill told an audience at Iowa State University last month, means, “Speak out, be strong, take charge, change the world” — all traits she thinks female leaders, or even the first female president, should have, and characteristics she believes are “very, very ladylike.” The term had a very different meaning when, during her 2012 re-election campaign, her opponent, Todd Akin, then a representative, described her performance during a debate as not particularly “ladylike,” and “very aggressive.”

And here’s a song this reminded me of:

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“Recently Kim, whose company helps users change and personalize their Android smartphone homescreens, contacted a male developer about whether he’d be interested in joining Locket. He responded, “Hey Yunha, I’m pretty happy with my current job, but if you’re single I’d like to date you. Perhaps there are some unconventional ways to lure me away from my company (besides stock options) if you know what I mean. ;)” “

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That’s a paragraph from this discouraging article.

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Death of Karyn Washington

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Karyn Washington, founder of the “For Brown Girls” website, has died at age 22.  For those who aren’t familiar with it, the purpose of the website is “to celebrate the beauty of dark skin while combating colorism and promoting self love.”

Reporters at The Root (here) and Madame Noire (here) are describing Ms. Washington’s death as an alleged suicide.

May her memory be a blessing.

-Bridget Crawford

image source here

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Changing Sexual Practices, Media Sensationalism and Attention-Getting Rim Jobs

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I admit that reading New York magazine is a guilty pleasure of mine.  I enjoy the mix of fluff pieces; vanilla journalism; and NYC-centered, self-satisfied trend-spotting and cultural prognostications.  This week’s mag brings us yet another intriguing “Sex Lives” column from writer Maureen O’Connor, this one under the title Warning: A Column on Butt Play (in the online edition) or Playtime Beware: We Are About to Talk About Rim Jobs in Exquisite Detail (in the print edition).

She writes specifically about “heterosexual anal play — not treating the anus like the vagina’s pervier cousin, useful merely for penile penetration, but actually pleasuring it.” Her claims appear three-fold: (1) anal play is on the rise; (2) people find it difficult to talk about; and (3) anal play raises interesting (and under-explored) questions of dominance and power relations.

Here is an excerpt:

I had a revelation about butt play and sexual dominance at a house party in Brooklyn, talking to a man who enjoys rimming his girlfriend but doesn’t like receiving because it makes him feel out of control. When she rims him, he can’t see what’s going on, he explained. When he rims her, he controls everything. Thus, he concluded, even when his girlfriend sits on his face, metaphorically he is still the top. Several men expressed similar sentiments. “It’s about making her feel pleasure,” my friend Greg Gchatted. “Playing her like an instrument, demonstrating technical mastery. It’s a force thing, making her feel something.” But the logic still felt off. How could a man poised, literally, to swallow a woman’s shit possibly be in a position of dominance? * * *

The heterosexual-male psyche is so self-entitling, I realized, that men can convince themselves they are in charge during absolutely any interaction with a woman. “Ha-ha, wow,” Greg said when I pointed this out. “I can’t decide if this makes ‘patriarchy’ seem pathetic or impressive. It’s like being so cool that you can do uncool things: ‘I’m so patriarchal, women can shit in my mouth.’ True masculinity is being a power bottom?”

For further detail, read the full piece here.

-Bridget Crawford

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Does Supreme Court Justice Antonin Scalia believe society is eroding because women use the ‘F-word’?

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That’s what this article effing claims.

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Pubic Hair and Feminism

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‘Cause we keep track of certain trends (e.g., here), the “Full-Bush Brazilian” article in the NY Magazine caught our interest:

My bikini-waxer, Jola, recently told me about a pubic-grooming configuration I had not heard of, which patrons of her Williamsburg salon have lately been requesting. The “full-bush Brazilian,” as we agreed to call it, involves removing the hair from the labia and butt crack (in accordance with Brazilian-waxing tradition) while leaving everything on top fully grown. It’s the exact opposite of non-Brazilian bikini waxes, which shape the hair on the pubic mound but leave the undercarriage untouched.

Who gets the full-bush Brazilian? I asked this of Jola Borzdynski as I lay without pants atop a sheet of paper on a tiny bed at her salon, Audrey. “Girls with hippie boyfriends,” she said. “Hippies with porny sex lives, who need to be hairless for licking,” I concluded. As Jola proceeded to tear 90 percent of my pubic hair out by the roots, I winced and contemplated the wisdom of being a hippie in the front of your crotch and a porn star in the back.

Read the full NY Mag article here.

I so called this one a few months ago!

-Bridget Crawford

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BDSM and Feminism

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Writer Kathy Kulig asks here, “BDSM and Feminism – Can They Coexist?”

In a recent interview, I was asked whether I thought the BDSM lifestyle and feminism conflicted. I thought it would be an interesting topic for discussion. I think there are a lot of misconceptions about the BDSM, Discipline and Submissive lifestyle that people might jump to a conclusion that those two—BDSM and Feminism—can’t coexist. But I completely disagree.

The BDSM relationship is about CHOICE. When a woman can choose what they want for themselves whether for work, family, life or sexually they are empowered, they take control. So yes, I see BDSM and feminism does work both ways.

Read the full post here (adult-content warning from Blogger, but the post is SFW).

As for me, I have always been bored by policing-the-boundaries-of-feminism analyses.  Assuming we are talking about consensual, legal activities, then if you are a feminist and enjoy ___, then feminism and _____ can and do co-exist.  Other people, some of whom are feminists, may not also enjoy _____, but that doesn’t make you less of a person or less of a feminist.  Feminism is not a club.  It’s a tool; a way of looking at the world; a mode of legal, economic, social analysis.

-Bridget Crawford

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Is Unionization Good for Women’s College Athletics?

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The NYT chips away at the question in an article published today, “Amid Cheers, Union Bid Stirs Concern for Women.”  Here is an excerpt, quoting Feminist Law Prof Erin Buzuvis and citing her work at the Title IX Blog:

Female athletes graduate at a 10 percent to 15 percent higher rate than male athletes. Of the original 64 women’s teams in this N.C.A.A. tournament, 21 had a 100 percent graduation rate.

And for that, they are mostly ignored by the news media and struggle to gain evenhanded treatment from administrators.

Conversely, an arms race sustains football and men’s basketball. And a misperception continues about the associated revenue and profit. Yes, those two sports generate millions of dollars. But, according to a 2010 N.C.A.A. study, more than 40 percent of the football and men’s basketball teams in the Football Bowl Subdivision of Division I spend more money than they earn.

In other words, at many colleges, football and men’s basketball do not pay for themselves, much less finance other sports.

Given the current state of college athletics, there seems more potential benefit than risk for women in the types of reform that might ripple from the Northwestern case, said Erin Buzuvis, a law professor at Western New England University and a co-founder of the Title IX Blog.

“Division I athletic programs have been bringing in increasingly more money, and it hasn’t been the case that opportunities for women have been getting better,” Buzuvis said. “In fact, we’ve been seeing the reverse, a backslide.”

In her view, the equal treatment requirement of Title IX would compel colleges to provide the same collectively bargained benefits to female athletes as male athletes, from extended health insurance to salaries. “Nothing that happened” so far in the Northwestern case “changed Title IX in any way,” Buzuvis said.

The full article is here.

-Bridget Crawford

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“The gender wage gap has only closed by 1.7 percentage points over the last decade, compared to 3.1 points the decade before and 9.7 the decade before that. “

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That’s the depressing news from this article entitled “We’ve Stopped Making Progress In Closing The Gender Wage Gap.”

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MUST READ: “In praise of Joanne Rowling’s Hermione Granger series” By Sady Doyle

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The most brilliant feminist essay I have read in ages. Simple, yet revolutionary. Not sure how I missed it in 2011 but very glad I got to read it at last.

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Columbia Law School announces launch of Public Rights/Private Conscience Project

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Today the Center for Gender and Sexuality Law will launch it’s Public Rights/Private Conscience Project – a new think-tank created to reconceptualize and reset the intractable standoff between religious liberty and equality/sexual liberty.  The Project is funded with substantial grants from the Ford and Arcus Foundations, and we have hired Kara Loewentheil to direct the Project.

Copied below is the press release announcing the new project.

Best,

Katherine
—————————————-
Katherine Franke
Isidor and Seville Sulzbacher Professor of Law
Director, Center for Gender & Sexuality Law
Columbia Law School
435 W. 116th Street
New York, NY 10027
212.854.0061
212.854.7946 (fax)
CGSL Blog
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Columbia Law School Launches New Project on Religious Exemptions and Civil Rights

Katherine Franke, Director of the Center for Gender and Sexuality Law, Creates Public Rights/Private Conscience Project, a New Think-Tank Designed to Reset the Conflict Between Sex Equality, Reproductive Rights, and Religious Liberty

Media Contact: Public Affairs, 212-854-2650 or publicaffairs@law.columbia.edu

New York, March 24, 2014—Katherine Franke, director of Columbia Law School’s Center for Gender and Sexuality Law, announced today the launch of the Public Rights/Private Conscience project, a new think-tank created to address the increased use of religion-based exemptions from compliance with federal and state laws securing equality and sexual liberty.

The scope of religious exemptions will feature prominently at the U.S. Supreme Court today, March 25, when owners of the craft store chain Hobby Lobby and furniture manufacturer Conestoga Wood argue that their religious beliefs justify an exemption from the Affordable Care Act’s requirement that employers include contraception coverage in their employee health plans. The cases are Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Sebelius.

With increasing frequency, opponents of same-sex marriage, reproductive rights, and gender equality have sought a safe harbor in religion to justify otherwise illegal employment and business practices. Arizona Governor Jan Brewer recently vetoed a bill that critics argued would allow businesses to discriminate against gays and lesbians if the discrimination were attributed to religious beliefs. Similar bills are making their way through other state legislatures.

“With greater and greater frequency, respecting equality rights is seen as optional while respecting religious liberty is mandatory,” Franke said. “The Public Rights/Private Conscience project will bring the considerable academic resources of Columbia University to bear on rethinking this intractable standoff between religious liberty and other rights.”

Read more about the project in this ProPublica Q&A with Franke.

The Public Rights/Private Conscience project will:

·      map the arguments being made in the religious exemptions context in court cases, academic scholarship, policy papers, and the media;

·      mobilize scholars, lawyers, and advocates in an effort to reframe the debate so that compliance with civil rights norms is seen as compatible with faith-based doctrines;

·      develop model language that can be included in proposed legislation that strikes the constitutionally required balance between religious liberty and other fundamental constitutional rights;

·      develop best practices to address entities or individuals that refuse service on the basis of religion;

The project will be directed by Kara Loewentheil, currently a postdoctoral associate-in-law and fellow in the Program for the Study of Reproductive Justice at the Information Society Project at Yale Law School. Loewentheil previously served as a Blackmun Legal Fellow at the Center for Reproductive Rights and as a clerk for the Honorable James L. Dennis on the U.S. Court of Appeals for the Fifth Circuit.

“The project is uniquely positioned to develop new theoretical frameworks for understanding the role and impact of religious exemptions on liberty and equality rights in a modern multi-cultural society,” said Loewentheil, who will be joining Columbia Law School as a research fellow in addition to her role as director of the Public Rights/Private Conscience Project. “Our goal is to promote innovative framings of these questions in policy, advocacy, scholarship, and litigation.”

The Public Rights/Private Conscience Project is funded by grants from the the Ford Foundation, which aims to strengthen democratic values, reduce poverty and injustice, promote international cooperation, and advance human achievement, and the Arcus Foundation, a leading global foundation advancing pressing social justice and conservation issues.

Franke is available for interviews about the launch of the Public Rights/Private Conscience project and about the religious exemptions cases in the Supreme Court. She can be reached directly at kfranke@law.columbia.edu or via the Law School’s Public Affairs Office at 212-854-2650, or email publicaffairs@law.columbia.edu

The Law School also has a studio on campus equipped with an ISDN line and IFB capability for radio and television interviews. Please contact the Public Affairs Office for bookings.

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New blog by two constitutional law professors who want to bring women’s voices and issues to the forefront of constitutional law and law and religion debates!

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Authored by Professors Marci Hamilton and Leslie Griffin, you can check it out here!

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Feminist Academics Unite to Support Carole Vance!

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Carole Vance is a pioneering feminist academic.  Her writing and her constant political engagement pressed feminist thinking and action forward in innumerable ways. Her sometimes-controversial insistence on integrating sexuality into sex equality debates, as well as her infinitely sophisticated thinking about transnational equality, have made her one of my role models for a long time.

For those of you who do not know, Carole was recently told by Columbia University’s Mailman School that they would not renew her contract. The school insists that faculty raise the money to pay their salaries in grants, and Carole has not done so.

Tenure is controversial even among those of us who have it, but if there is one kind of work that necessitates the protection of tenure, it is the work of Carole Vance. Scott Long has written most persuasively about how wrong this decision is, and the Nation  jumped in to describe why firing Carole and her colleague Kim Hopper matters immensely.

Please join us to make it clear to Columbia that their actions violate the most basic norms of academic freedom and integrity. There are a few efforts afoot to help Carole, and most of these have been described on this page. Please sign the academic petition here. Our voices will join those of esteemed scholars and civil society leaders in support of Carole.

If you choose to write SEPARATELY from the petition, please write to the President, Provost and Dean of the Mailman School, and in your communication please stress is that the “letter of non-renewal” should be rescinded, and Carole’s contract should be renewed. If you choose to write separately from the petition, please write to: Lee C. Bollinger, President Columbia University bollinger@columbia.edu; John H. Coatsworth, Provost jhc2125@columbia.edu; Lee Goldman, Executive Vice President for Health and Biomedical Sciences and Dean of the Faculties of Health Sciences and of Medicine lgoldman@columbia.edu; Linda P Fried, Dean of the Mailman School of Public Health lpfried@columbia.edu; Lisa Metsch, Chair, Department of Sociomedical Sciences, lm2892@columbia.edu Please also send copies of this letter to beckjordanyoung@gmail.com, as the organizers would like to keep a record of everything sent.

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A Documentary On Anita Hill

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Sheryl Day Stolberg of the New York Times discusses the new documentary “Anita” about Anita Hill, who became the reluctant central figure in the Clarence Thomas judicial hearings so many years ago. More here.

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Massachusetts Legislature Revises Its Statute In Response To “Upskirting” Decision

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In response to Massachusetts’ highest court’s ruling that “upskirting” is not illegal according to the state’s statute,  members of the legislature moved quickly to introduce a number of bills to criminalize the practice. One bill made it all the way to Governor Devol Patrick’s desk. He signed it March 7, and it has now amended Chapter 272, section 105, subsection a (et seq.) of the Massachusetts General Laws. “An Act Relative to Unlawful Sexual Surveillance” forbids willful photography, videotaping, or electronic surveillance, “with the intent to secretly conduct or hide such activity, the sexual or other intimate parts of a person under or around the person’s clothing to view or attempt to view the person’s sexual or other intimate parts when a reasonable person would believe that the person’s sexual or other intimate parts would not be visible to the public and without the person’s knowledge and consent…” The crime is punishable by not more than 2 1/2 years in prison or by a fine of not more than $5000, or both.

More here.

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Mass. Supreme Court Affirms Right of Men to Look Up Our Skirts

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or at least take pictures up women’s skirts.

CNN, e.g., has coverage here.  The AP has coverage here.

-Bridget Crawford

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