Motility and Fertility

Fertility is a presumption we have about our bodies. If that presumption turns out to be wrong (or partially wrong or at least wrong for several months in a row), it can be crazy-making. Fertility treatments can be even crazier-making.

A male friend of mine recently had his sperm motility checked. When the sperm turned out to be “good,” he shared the news with a few friends. I was glad for him, but I didn’t think to say, “You’re the man,” as his golf buddies did. Why is a man with sperm motility especially (or adequately) manly, but a woman undergoing infertility treatments isn’t especially “womanly” if she has several ovarian follicles at the right time of the month?

-Bridget Crawford

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Is Someone Lying? Or Do I Need Glasses?

Giant Supposedly Liberal blog Daily Kos has leveled a pretty serious charge at the Clinton campaign staff – that they made Obama look “blacker” in a commercial, which features a clip from one of the debates. The Kos post is here. The Clinton people denied doing this, but Kos says they are lying, and features two stills that are quite disparate. Kos claims they took the darker image directly from the commercial at the Clinton website. I followed the Kos link to the Clinton website, watched the ad, and the Obama visage in the Clinton ad doesn’t look like either photo to me. Is it my eyes? Is it my computer monitor?

I got to see Obama in person, close up, several times while he was campaigning in South Carolina and I don’t remember him looking like either of the Kos pictures either, exactly. I have no idea what the truth of the situation is. I’m inclined to think Kos is the liar at the moment, but maybe that is because I believe my lying eyes.

–Ann Bartow

Update: Some visuals. Here is what Kos says he took from the Clinton commercial (but it doesn’t look like that to me at the Clinton site, so I have to wonder if Kos is actually doing the nefarious photoshopping…), and then what he says the actual debate footage looked like:

Here is a photo from the “Obama Youth” site:

Here is a photo run at Blackprof:

And an official Obama campaign video is here. Please note this post is not intended to be anti-Obama nor pro-Clinton, nor visa, nor versa. It’s an indictment of Kos alone.

Udpate 2: Photo from today’s NYT:

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Wear Black in Support of Rule of Law in Pakistan

From the FLP mailbox, this message from our colleagues at the blog achievingourcountry.

We are asking you to support and promote international solidarity for Black Flag Week, March 9 –15, in Pakistan. Aitzaz Ahsan, the President of the Supreme Court Bar has called for using black flags at all rallies and meetings, and the lawyers in Pakistan will be distributing black headscarves and armbands. We are asking for your help because the principles that lawyers stand for matter. Everywhere.

The purpose of Black Flag Week is to call for the restoration of the rule of law, the reinstatement of the judiciary and the restoration of the Constitution and democracy in Pakistan. The recent election was a clear referendum. The people of Pakistan have spoken. Now, it is time for the judiciary to be restored, for an end to house arrests and other measures of intimidation, for the end of arbitrary rule.

We are contacting bar associations, prominent lawyers and journalists, and law schools here in the United States and asking them to show support for Pakistani lawyers by wearing black armbands or an item of black clothing that will call attention to their struggle for civil liberties. Our goal is to inform the public about the situation there and the need for restoration of the rule of law. We would like support and publicity worldwide– with your help– in spreading our message or one of your own. There are contacts here for logos or electronic copy.

We have less than a week to launch this effort. Please help us to get the word out, because international support for these lawyers will show Pakistanis that citizens of the world really value the rule of law and want to see respect for the notion of government by the consent of the governed.

-Bridget Crawford

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A Quick Appreciation of Janis Ian

1. At Seventeen. (There’s another clip from 1976 here.)

2. Society’s Child.

3. On the Other Side.

4. These Boots Are Made For Walking.

5. In Black and White.

6. Married In London.

If you only have time to watch one, make it the last one, Married In London, it’s hilarious.

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The Second Carnival Against Pornography and Prostitution

Here, at The Burning Times.

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“Viola’s Bookshelf is a new project blog dedicated to publishing altered out of copyright, or creative commons licensed fiction, where the character’s genders have been reversed. The idea behind this is to help provide an understanding of gender construction in fiction and to an extent in everyday life.”

Viola’s Bookshelf is here. Via Hoyden About Town.

Once electronic textbooks are more usable and adaptable, it would be interesting to do some gender bending of the language of judicial opinions, to see if holdings, and the rules derived from them, still sound reasonable and just. See generally.

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International Women’s Day 2008 is March 8th

More here.

Recommended related post:

The Big Picture at Agricultural Law

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Anyone Out There Know How to Do the “Texas Two-Step?”

 

Garfield1

 

Today’s the day we in Texas go to the polls – for the second time – to elect our Presidential nominee. Most of you by now have heard of our peculiar nominating process where we vote first by ballot, then by caucus. I cast my ballot last Tuesday, and tonight I thought I’d be ready and charged for my first caucus event.

But instead I feel like Garfield. Not the former President Garfield. The cat Garfield, in a comic strip from years ago. If I recall it right, Jon was pondering the intricacies of the cat walk and asked his furry feline friend exactly how he did it. Paraphrasing, Jon asked, “Garfield, do you move both of your front paws forward, followed by your two back paws? Or do you move your front right paw and back left paw at the same time? Or maybe you move your front right, back right, back left and front left in sequence?” Jon waited patiently, but the answer never came, in part because Garfield is, after all, a cat. But also because thinking and doing are two separate things, and not only can cats not talk, now this one couldn’t walk.

So today, as I ready for the big event, I’m trying not to over-think what comes naturally, or as close to natural as things become with practice. In theory nothing could be easier, particularly for someone like me, than helping elect a President. I vote wherever and whenever I can. I’ve voted in person on election day. I’ve voted absentee. I’ve voted using push-pins, and hand levers, and electronic voting machines (hate them, by the way). And having lived in Texas for four years, I’ve now grown accustomed to early voting, having done so at least three times. Rain or shine, big election or small (and the small one’s sometimes matter most), expect me there. I was voter #15 in the last City Council race, and that was about an hour before the polls closed. It was rainy. It was cold. Clearly no-one wanted to be there. But I was. Because history is made by the people who show up. And so I did.

And tonight, at 7:15, I will show up again. To caucus.

There’s only one problem. No-one here is quite sure exactly how to caucus, and that includes my hyper-intelligent civically militant law prof and lawyer friends. Hillary Clinton reminds me how important the caucus is in her radio ads – its where a full 1/3 of the delegates will be chosen. And Barack Obama sent a flyer telling me its as easy as doing “the Texas two-step.” But I’m from New England. What in the world is a “Texas two-step”?!

I should call my friends in Iowa, but then again, maybe their caucus is different. They had to stand in a room, right? I heard we only have to sign a declaration. But then might have to stand in a room. Or in the corner of a room. And later might have to move to another corner. Or maybe another room. I’ve been on the internet for an hour, and can’t even find the right building to make sure I get to the right room! All this and I still haven’t decided who to caucus for.

So here I sit, three hours before we’re supposed to caucus in the election I never thought my future children’s children would ever get to see.

I’m ready to go. But so gripped by anxiety I can’t even get out of my chair.

-Kathleen A. Bergin

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On Friday, March 28 and Saturday, March 29, the CUNY School of Law and the Center for Diversity in the Legal Profession will host the 2008 Haywood Burns Conference: “Teaching Law in a Multi-cultural, Multi-lingual Context”

Among the topics to be presented:

Providing access and diversity through Pipeline programs * The immigrant experience in law school * Understanding the multiplicity of”cultures”within law students * Clinical approaches to multiculturalism from the perspective of faculty, student, and client * Strategies for reaching first year students in the small or large classroom *

We envision that this Conference will be of interest to a wide variety of individuals: academic support personnel, legal writing and research teachers, clinicians and any other members of the law school academy who are interested in increasing their effectiveness in reaching multi-cultural students.

The registration fee is $50.00 if we receive your registration fee before March 27 and $75.00 on site. The registration fee is $10.00 for students. Checks can be made payable to”CUNY School of Law.”A final schedule of events will be emailed to registrants approximately a week before the Conference.

For more information: 2008Burnsconference@mail.law.cuny.edu

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Is It April Fool’s Day Already?

I had to read this story twice today before I realized that it was still only March 3rd. Upon the second reading, I realized that it had to be a real story, because you simply can’t make stuff like this up.  

A same-sex commitment ceremony is planned for March 29 on the campus of Penn State University to coincide with the start of Pride Week there. The Mayor of State College, which is the town where the main Penn State campus is located, is set to preside at the ceremony.

The pastor of a Baptist church in Altoona, PA strongly objects to this event and has started circulating a petition that opposes the ceremony. The pastor is seeking signatories from across the state. The pastor hopes to present the petition to the Mayor of State College:to urge him not to preside at the ceremony:and to Penn State:to urge it to refuse to open its campus to the half-dozen couples who are expected to participate in the ceremony as well as those who plan to attend to witness the ceremony.

According to the petition, the pastor and his co-signatories object to the event because:

It is our belief that such a ceremony will make a public statement that same-sex unions of any sort are morally, socially, ethically, and spiritually correct, and will ‘open the door’ for further similar events across the state and the nation. We also believe that any form of same-sex unions violate the teaching of scripture, will weaken the basic family unit, will divide society and will lead to greater moral and spiritual demise of our culture.

So, let me get this right (straight?), the pastor and his co-signatories are so threatened by lesbians and gay men that they must seek to ban any and all forms of same-sex unions. It is not enough that the State of Pennsylvania will not legally recognize the unions formed or reaffirmed at this commitment ceremony. After all, there is already a state law on the books prohibiting the recognition of same-sex marriages (23 Pa. Cons. Stat. sec. 1704), and the state legislature is currently considering an amendment to the state constitution that would make doubly sure that such marriages (as well as civil unions, domestic partnerships, and other”functional equivalents of marriage”) are not legally recognized in Pennsylvania.  

No, the pastor and his co-signatories must go a step further. For whatever reason, they feel compelled to do their best to keep a small group of couples from affirming their relationships in public on the campus of a state-related university in the presence of a local official who has absolutely no power to confer any legal sanction on their relationships. (It is worth noting here that Penn State describes itself as an”institution[] that [is] not state-owned and -operated but that ha[s] the character of [a] public universit[y] and receive[s] substantial state appropriations”; indeed, the connection between the State of Pennsylvania and Penn State has been held sufficient to support a finding of state action for purposes of federal constitutional analysis, see, e.g., Brush v. Pennsylvania State Univ., 489 Pa. 243 (1980).)

Amazingly, the pastor said in the news story that he did not wish to be painted as someone who hates lesbians and gay men: “‘We don’t hate homosexuals and don’t want to be portrayed as that,’ he said. ‘I have a number of friends who are homosexuals, and I love them in the sense of (that) relationship.’ “With friends like that, who needs enemies?  

Like I said, you just can’t make this stuff up!

-Anthony C. Infanti

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New Racial Profiling? “You’re a White Girl in a Rental Car”

One of the distinctive aspects of racial privilege is that those who have it seem largely unware of it.   Trina Grillo and Stephanie Wildman have described this as a form of “racism/white supremacy,” pointing out “the link between discriminatory racism and the privilege held by whites to ignore their own race.”   Every now and then, whites are reminded that they have a race, too.

Consider this story from the Albany (New York) Times Union. A 28-year old white woman was pulled over by the police for an alleged traffic violation.   The police then searched her car and dialed a stored number on her cellphone.   According to the news report, one police officer allegedly searched the woman’s genital area by probing with his hands and he inserted his finger into her vagina. Why? According to the complainant, the police officer allegedly said, “You fit the profile. You’re a white girl in a rental car.”

Why would a police officer probe a woman’s vagina during a routine traffic stop? To humiliate her, to show her who is “boss.”   Sex, violence and power are all connected.

Would this story have made the news if it had been a black or Latina woman who had been stopped?   I don’t think so.   The presumed  “news worthiness” of the story, I suspect, derives from two factors. First, a white woman alleges that the police acted inappropriated. The news story includes statements from the victim’s father and mother, almost as if to say to the (presumably white) reader, “This could happen to your child, too.   Be outraged.”   Second, the police officer’s stated reason for stopping the complainant was her race.   The notion that one’s white skin color can make one a police target will be a new concept for many people.

-Bridget Crawford

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Fact and Fiction, Authenticity and Stories of Oppression

As you might already be aware if you’ve seen the NYT, “Margaret B. Jones” lied about her background. She grew up wealthy, rather than poor. Her self-reported escapades and good deeds were lies.

And a Holocaust memoir published in 1997,”Misha: A Mémoire of the Holocaust Years”by Misha Defonseca, was also fake. Rather than literally living with wolves as a child during the Nazi occupation, the author admitted she isn’t Jewish as she had claimed, and that she spent the war in reasonably safe circumstances in Brussels.

And of course two years ago James Frey’s memoir,”A Million Little Pieces,” was found to contain made up or severely exaggerated details about the author’s drug addiction and recovery.

And JT Leroy, who supposedly was a young truck-stop prostitute who had escaped rural West Virginia for the dismal life of a homeless San Francisco drug addict, but was able to turn his terrible youth into a thriving career as a writer, was a fraud too. He didn’t even exist.

And then there was Asa Carter, a racist speech writer for George Wallace, the bestselling author of “The Education of Little Tree: A True Story,” a literary phenomenon published in the 1970s as a “true story,” even though rather than being a Cherokee orphan, Carter was a virulent white supremacist and segregationist from a privileged background.

Should publishers be held to a higher standard of care, to protect readers from this sort of opportunistic and exploitive fraud? Or should readers cynically assume all memoirs are ragingly dishonest? Certainly one needs to be wary of pseudonymous bloggers, see e.g. this great post, and also this, this, this, this, and this.

–Ann Bartow

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Hunter College Allows Marketing Group To Impose Phony Course On Faculty And Students

From this article at Inside Higher Ed:

… At Hunter College of the City University of New York, some professors are asking those questions : and a Faculty Senate committee is considering a formal complaint about violations of academic freedom : over a course sponsored last year by the International Anticounterfeiting Coalition (known as the IACC), an organization of companies that are concerned about low-cost knockoffs of their products. The companies involved include some of the biggest names in fashion and consumer goods : Abercrombie & Fitch, Chanel, Coach, Harley-Davidson, Levi Strauss, Reebok and so forth.

According to the complaints filed with the Faculty Senate, Hunter agreed to let the IACC sponsor a course for which students would create a campaign against counterfeiting in which they would create a fake Web site to tell the story of a fictional student experiencing trauma because of fake consumer goods. One goal of the effort was to mislead students not in the course into thinking that they were reading about someone real. So-called”guerrilla marketing”: in which consumers are unaware that they are being marketed : is the subject of some controversy in the marketing and public relations world. But even among advocates for the tactic, there are some who are disturbed about what happened at Hunter.

Some question why a for-credit college class at a public university should be doing, in effect, discount marketing work for an industry group. Some wonder about a college using some students to fool other students. Others are concerned about the circumstances of the course itself. It was created without any curricular review. The professor who taught it says that he was pressured to do so even though he has no expertise in advertising or public relations (he teaches computer graphics) and had ethical qualms about the course.

Further, the professor : and other professors who have investigated the circumstances of the course : maintain that the professor was required to teach only one side of the issue, had to accept industry officials watching him teach, and had little clout to fight back since he didn’t (and still doesn’t) have tenure. …

Read the rest here. Via Concurring Opinions, where Devan Desai trenchantly asks: “Why have students perform free labor for the fashion industry (and really pay for the privilege?)? What about the underlying lies?”

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“Unapologetically Harriet, the Misfit Spy”

if you missed the story on Morning Edition, listen or read here.

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An Old Favorite

From here.  

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“…public humiliation could play a role in suicide because ‘hopelessness is often a major risk factor, and if you’ve been publicly humiliated and your reputation has been tarnished forever, you could see how someone could become hopeless.’ Such situations … could contribute to feeling that life is unbearable. …”

That’s a short excerpt from this article in the NYT entitled “After Suicide, Blog Insults Are Debated.” Below is another:

… unlike some other forms of public humiliation, online insults can live in perpetuity. Whether that increases suicide risk, Mr. Brown said, is an open question, adding,”Although it’s plausible that’s the case, we know very little about the role of the Internet.”

Before his death, Mr. Tilley had come under particularly harsh criticism on the advertising blogs. AgencySpy, which is written by an anonymous advertising industry employee, was perhaps the most biting.

In a Feb. 19 posting, the site quoted excerpts from an internal e-mail message Mr. Tilley had sent to subordinates, in which he wrote:”Too many of you are only doing good work. And some of you are doing work that simply isn’t good enough.”

AgencySpy wrote that Mr. Tilley”needs to go back to management 101,”adding:”At one point, Paul thought he could make it as a game show host. Doesn’t one need to be charming for that?”

The site then published 12 comments peppered with personal insults aimed at Mr. Tilley : among them an insult signed by George Parker, the author of the AdScam blog.

But a colleague and friend of Mr. Tilley’s, who spoke on condition of anonymity, said,”There’s no way you or I will know why he did this, but it’s certainly not because of blogs.”

“I know it bothered him,”the colleague said, referring to the public criticism.”However, he was very intelligent, with lots of talents and skills, and this was not his whole life. Pointing to blogging and the media just trivializes a man whose life was not trivial.”

After Mr. Tilley’s death was reported, the comments beneath the AgencySpy blog posting turned sharply to recriminations from people identifying themselves as friends, colleagues or relatives of the DDB executive.”You should all be ashamed. Because you contributed to this,”a message from someone who signed as LSA said.

A similar post on AdScam said:”I knew him. And I know that the vile attacks inflicted on him by you and others tortured his soul. He told me so.”…

Sadly, the possibility of really hurting other people is so enjoyable to some people, accounts like this could actually encourage them.   I try to keep the focus at this blog on issues and away from personal attacks, though I’m sure I’ve done so imperfectly. If you see me failing at that in the future, please let me know.

–Ann Bartow

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New Book: “Beyond (Straight and Gay) Marriage: Valuing All Families under the Law”

Remember the feminist analysis of marriage? I bet your students don’t! They have grown up believing that the only problem with marriage is that same-sex couples are denied it and that the only family law problem facing gay men and lesbians is the inability to marry. My new book from Beacon Press, Beyond (Straight and Gay) Marriage: Valuing All Families under the Law, includes the impact of feminism on the changing meaning of marriage and the feminist and early gay activist involvement in advocacy on behalf of diverse family structures. I’m not opposed to marriage equality. It’s a good fight for LGBT civil rights. But it’s not the answer to what’s wrong with the law of families today. As a family policy matter, we need laws that further economic security and emotional peace of mind for all families and relationships. Read more about my book at www.beyondstraightandgaymarriage.com and visit my blog at http://beyondstraightandgaymarriage.blogspot.com/

–Nancy D. Polikoff


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“Bad Questions” by Calpernia Addams

Here. Via the F-Word Blog.

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Black Feminist Legacies

See Diary of an Anxious Black Woman for her “Super Post” on this topic. While you are there, read through ABW’s many excellent recent posts, especially her “Black Herstory” series.

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“Asian/ APIA Feminism/ Women’s History Month”

Find a fantastic, informative post by this title at WOC PhD.

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“That She’ll Be There To Show Me ‘Round, Whenever Comes That Day.”

Eric Muller, one of my favorite law prof blawgers, recently lost his mother. He posted a very nice tribute to her here, and gave me kind permission to link.

–Ann Bartow

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“On February 22nd, 2008, University of Michigan’s College of Literature, Science and the Arts (LSA) issued a negative tenure recommendation for Assistant Professor Andrea Lee Smith.”

I don’t have any substantive information about Prof. Smith’s tenure process. But I am an admirer of her scholarship. If Michigan is not a welcome place for her, I hope she will consider relocating to South Carolina. Elite universities can really stink. This is not “news.”

–Ann Bartow

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Maybe You Have Been Wondering What Linda Hirshman and Charlotte Allen Think Of Women Democratic Voters?

Thanks to the Washington Post, and a host of Supposedly Liberal Dood bloggers happily flogging these despicable Op-eds with smirking faux concern, now we know. First, Hirshman:

Maria Shriver sure has great hair. Stepping up to the microphone at a girl-power rally in Los Angeles on Feb. 3, California’s first lady tossed her tawny tresses with authority and instructed Golden State women to vote for Sen. Barack Obama in the Democratic presidential primary on Super Tuesday. So urgent was the matter, she said, that she had come to the rally “straight from my daughter’s riding lesson.”

Two days later, working-class California women, many of whom can’t even afford to give their daughters health care, much less riding lessons, ignored Shriver’s mane-shaking advice and voted for Sen. Hillary Rodham Clinton by a margin of 2 to 1, even as many of their better-off sisters fell into lockstep with the Kennedy heiress. …

… I can imagine the strategists for the senator from Illinois thinking, “What’s that song in Verdi’s ‘Rigoletto’?” Women are fickle.

Turns out it’s true.

… Among women, the obvious thing would be for lower-income, non-college-educated white and black women to line up behind the candidate with the more generous social platform. Both Clinton and Obama have generous platforms, but Clinton’s health-care plan is more ambitious, and she was the first to propose mandatory paid family leave (which mostly women take). But women, black and white, stubbornly refuse to behave according to a strict model of economic self-interest. Black women of all income levels have gone for Obama. …

… Ominously for Clinton, the feminist movement split, generating a large number of “scribbling women” all over the blogosphere describing the gender-trumping call of the Obama candidacy. Before Super Tuesday, the group New York Feminists for Peace and Barack Obama! published a letter endorsing the senator from Illinois. Most of the signatories were educated elites — including Nation columnist Katha Pollitt, women’s rights historians Alice Kessler-Harris and Linda Gordon and actress Susan Sarandon.

Belatedly, an equally prestigious group of feminist leaders — icon Gloria Steinem, historian Christine Stansell, former Planned Parenthood president Gloria Feldt — posted a counter-manifesto on behalf of Clinton on the Huffington Post Web site. But man bites dog, right? The mainstream media narrative became how feminists have failed to endorse the first major female presidential candidate.

So many feminists’ turn to solidarity with their own class is a surprise. For decades, they’ve been loudly proclaiming their loyalty to working-class women and criticizing reporters for writing chiefly about elite women who resemble themselves. … Now, though, many of the same women trumpeting the barista reality disagree with most working-class white women about which candidate would be better for the working class. …

… [I]t could just be that women with more education (and more money) relate on a subconscious level to the young and handsome Barack and Michelle Obama, with their white-porticoed mansion in one of the cooler Chicago neighborhoods and her Jimmy Choo shoes. ….

Read the whole thing here.

Now we move on to Charlotte Allen:

Here’s Agence France-Presse reporting on a rally for Sen. Barack Obama at the University of Maryland on Feb. 11: “He did not flinch when women screamed as he was in mid-sentence, and even broke off once to answer a female’s cry of ‘I love you, Obama!’ with a reassuring ‘I love you back.’ ” Women screamed? What was this, the Beatles tour of 1964? And when they weren’t screaming, the fair-sex Obama fans who dominated the rally of 16,000 were saying things like: “Every time I hear him speak, I become more hopeful.” Huh?

“Women ‘Falling for Obama,’ ” the story’s headline read. Elsewhere around the country, women were falling for the presidential candidate literally. Connecticut radio talk show host Jim Vicevich has counted five separate instances in which women fainted at Obama rallies since last September. And I thought such fainting was supposed to be a relic of the sexist past, when patriarchs forced their wives and daughters to lace themselves into corsets that cut off their oxygen.

I can’t help it, but reading about such episodes of screaming, gushing and swooning makes me wonder whether women — I should say, “we women,” of course — aren’t the weaker sex after all. Or even the stupid sex, our brains permanently occluded by random emotions, psychosomatic flailings and distraction by the superficial. Women “are only children of a larger growth,” wrote the 18th-century Earl of Chesterfield. Could he have been right? …

… Take Sen. Hillary Rodham Clinton’s campaign. By all measures, she has run one of the worst — and, yes, stupidest — presidential races in recent history, marred by every stereotypical flaw of the female sex. As far as I’m concerned, she has proved that she can’t debate — viz. her televised one-on-one against Obama last Tuesday, which consisted largely of complaining that she had to answer questions first and putting the audience to sleep with minutiae about her health-coverage mandate. She has whined (via her aides) like the teacher’s pet in grade school that the boys are ganging up on her when she’s bested by male rivals. She has wept on the campaign trail, even though everyone knows that tears are the last refuge of losers. And she is tellingly dependent on her husband.

Then there’s Clinton’s nearly all-female staff, chosen for loyalty rather than, say, brains or political savvy. Clinton finally fired her daytime-soap-watching, self-styled “Latina queena” campaign manager Patti Solis Doyle, known for burning through campaign money and for her open contempt for the “white boys” in the Clinton camp. But stupidly, she did it just in time to alienate the Hispanic voters she now desperately needs to win in Texas or Ohio to have any shot at the Democratic nomination.

What is it about us women? Why do we always fall for the hysterical, the superficial and the gooily sentimental? …

So helpful to the sexists when women will make these observations. Another day, another onslaught of mainstream misogyny.

–Ann Bartow

Update: In a similar vein, the excellent Historiann asks, “What is Wrong With Maureen Dowd?”

Update 2: Jezebel has a great takedown of Allen’s piece here. I hope the writers there take Hirshman next, and keep the pressure on Dowd. Sisterhood IS powerful!

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NYT on Single-Sex Education

I hope Feminist Law Prof David Cohen will soon give us his impressions of the cover story in this Sunday’s New York Times, Teaching Boys and Girls Separately, by Elizabeth Weil. Professor Cohen has recently posted No Boy Left Behind? Single-Sex Education and the Essentialist Myth of Masculinity on SSRN. He argues “that the Title IX regulatory change that allows for the expansion of single-sex schooling can actually work to further empower and entrench the essentialist myth of masculinity, thus violating its own prohibition on sex stereotyping. By adopting strong interpretations of already-existing jurisprudence about gender stereotyping from both constitutional law and Title IX, the article shows how de-essentializing masculinity is possible and preferable in the law.”

Caitlin Borgmann

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Do You Suppose The Plastic Clothes Are Removable?

I was once required to remove my “jacket,” which was also my shirt (think Chanel style business suit) and send it through the X-ray machine on an airport security line. This required that I walk through the very public metal detector wearing only a bra. After I got through, I asked to speak with a supervisor. Who apologized, but then demanded to see my suitcase, which he searched so thoroughly (and repacked by wadding my clothing into balls) that I almost missed my flight. I guess I could purchase one of these sets and re-enact that. But I probably won’t.

The Playmobil Security Check Point.

Product Description From the Manufacturer

The woman traveler stops by the security checkpoint. After placing her luggage on the screening machine, the airport employee checks her baggage. The traveler hands her spare change and watch to the security guard and proceeds through the metal detector. With no time to spare, she picks up her luggage and hurries to board her flight!

Here are some excerpts from the Customer Reviews:

At first it looked as though my Playmobil terrorist cell was going have trouble getting through this security system – no naked flames, sharp objects, guns or bombs. Then I bought the Tobacco Lobbyist upgrade pack which allowed cigarette lighters to be carried through so they simply torched the plane instead. Hours of fun for all the family.

And…

I was a little disappointed when I first bought this item, because the functionality is limited. My 5 year old son pointed out that the passenger’s shoes cannot be removed. Then, we placed a deadly fingernail file underneath the passenger’s scarf, and neither the detector doorway nor the security wand picked it up. My son said “that’s the worst security ever!”. But it turned out to be okay, because when the passenger got on the Playmobil B757 and tried to hijack it, she was mobbed by a couple of other heroic passengers, who only sustained minor injuries in the scuffle, which were treated at the Playmobil Hospital.

And…

While I’m sure your child will love this do we really want to reveal our security secrets to the terrorists? I bet al-Qaeda is training the next generation with this very product. I am saddened to learn that Playmobile hates America.

And…

… since the playmobil Dad could not remove his shoes or other clothing items, unlike the Barbie, the playmobil security agent became suspicious and after waving her wand wildy a few dozen times, called her supervisor to wisk the Dad into a special body-cavity search room, (which incidentally led to quite an embarasing and interesting discussion with my twin daughters about personal hygiene and a slight adjustment to the rules we had them memorize about touching by strangers). But worst of all, since the suitcase did not actually open, the baggage inspector made a call to the FBI and ATF bomb squads which then segregated the family’s suitcase (which btw was the only suitcase they provided for our educational family experience) and according to the advanced TSA regulations, had to blow it up, (since they could not otherwise mutilate the luggage, break off the locks and put one of those nice little advisory stickers on it), which we had to simulate out in the backyard with a few M-80s and other fireworks.

–Ann Bartow

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“Afghani women aren’t thanking anyone”

That’s the title of a post at this blog. Below is an excerpt:

Do you get the feeling that the Afghan situation is as hopeless as the Iraqi one, or even worse?

Sayed Pervez Kambaksh, the student sentenced to death for downloading a report on women’s right from the Internet, is still in prison.

NATO is divided over the issue of more troops, while British soldiers are over-stretched and under-equipped.

Perhaps one of the worst things about it, despite President Karzai’s claim that the war over the Taliban is “won” and that what remains is a “terrorist problem”, is that Afghani women are experiencing terrible suffering. …

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One funny commercial I’m not expecting to see broadcast in South Carolina.

I can think of several salad-related puns to set this up, but maybe you should just click here.

–Ann Bartow

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Notable Internet Privacy Litigation: Curran v. Amazon.com, Inc.

Eric Goldman writes:

Erik Curran was a National Guard soldier who served in “a combat zone.” For reasons unclear from this opinion, he was photographed by an unspecified photographer, and the photo (or photos) of Curran became widely republished. Erik is now suing numerous defendants for violations of his publicity and privacy rights based on these republications.

CaféPress is a defendant because third party users provided Curran’s photos for republication on CaféPress-produced t-shirts. CaféPress asserts a 230 defense.

Superficially, 230 looks possible. The images were provided to CaféPress by third parties, CaféPress is a website, and 230 preempts right of privacy claims. I also think 230 probably bar right of publicity claims; even if the publicity claims are IP claims, they would still be state-based IP claims that should be preempted per ccBill.

Nevertheless, I’m a little confused about CafePress’ 230 defense. Even assuming 230 facially applies, it should cover only CaféPress’ web-based publications and not the vending of physical goods. (As discussed in the Accusearch case, it’s possible that any vending by a merchant of record is outside 230’s scope, even when the vended materials are just online data). Thus, CaféPress’ shipment of physical space t-shirts with an improper image could be outside 230’s scope. Perhaps CaféPress believes (much like Amazon did in the Corbis v. Amazon case) that the physical space sales are made by its users, not CaféPress. I could see a judge buying that argument, but if CaféPress is integrally involved in every aspect of the physical retailing, manufacturing and shipment of the impermissible items, it’s not clear CaféPress can avoid liability for the non-cyberspace activities, none of which should be covered by 230. …

Read his whole post here. See also this, which Eric links to. The current legal framework of cyberspace facilitates free speech, but leaves individuals really vulnerable to defamation, bullying and exploitation, and Section 230 of the Communications Decent Act is a critical component.

–Ann Bartow

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Flee Fly Flow Flu

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Caitlin Borgmann, Pamela Bridgewater, and David Cohen Are Brilliant and Awesome!

So are all the other Feminist Law Profs in the blogroll of course, but I got to hang out with the three listed above here in South Carolina today, woo-hoo!

–Ann Bartow

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Does “State Feminism” Impair Authentic Feminism In Eqypt?

The Foreign Policy Watch blog raises that possibility.

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“Struggling to Squelch an Internet Rumor”

Nasty idiots can write whatever mean, false things they want, and then get their rumors and accusations into circulation on the Internet. Here’s a NYT account of this phenom.

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NGO In Congo Says Pornography Contributing To Atrocities

From Womensphere:

Last month, Stop Porn Culture (SPC) was contacted by Groupe d’Action pour le Droit (GAD), a non-profit NGO in the Democratic Republic of Congo that advocates for the human rights of children, youth and women affected by sexual violence. They do counselling for survivors of sexual trauma and community education about the issue. The conditions that GAD is working in are horrendous to say the least. The United Nations characterizes the conflict in the DR Congo as”one of the bloodiest the world has known since World War II.”According to Amnesty International,

“Tens of thousands of women and girls have suffered systematic rape and sexual assault since the devastating conflict in the Democratic Republic of the Congo (DRC) began in 1998. Rape, sometimes by groups as large as twenty men, has become a hallmark of the conflict, with armed factions often using it as part of a calculated strategy to destabilize opposition groups, undermine fundamental community values, humiliate the victims and witnesses, and secure control through fear and intimidation. It is not unusual for mothers and daughters to be raped in front of their families and villages, or to be forced to have sex with their sons and brothers. Rapes of girls as young as six and women over 70 have been reported. Young girls are also regularly abducted and held captive for years to be used as sexual slaves by combatants and their leaders.”

You can read more about the rape epidemic in the DRC in this New York Times article from October 2007: “Rape Epidemic Raises Trauma of Congo War“.

GAD has identified pornography as a factor in these atrocities. …

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Women Working Longer into Pregnancies and Returning to Work Faster

From the Feminist Weekly News:

Women are working later into their pregnancies and taking shorter maternity leaves, according to a report by the US Census Bureau Monday. The report (see PDF) analyzed data on maternity leave and employment patterns of pregnant women since the 1960s. It found that 67.2 percent of women in 2000 worked during their pregnancies, as compared to 44.4 percent in 1961. Additionally, fewer women quit their jobs after giving birth than in the 1960s.

The study finds many of the changes are due to changes in age and higher education levels of women having children. Of the women who worked during pregnancy, 80 percent were over the age of 30 and 83.5 percent had a bachelor’s degree or higher. The study attributes the increase in pregnant working women to families needing to have two incomes and better child care systems. However, the study finds that 42.5 percent of women still have to go on unpaid leave after giving birth, in comparison with the 34 percent who go on paid leave.

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“Faculty Seminar on Active Shooter”

Stripped only of logistical and personally identifying information, here is the text of an e-mail I received:

Faculty, instructors, teaching assistants and others who teach at USC are invited to participate in this seminar on active shooter situations. Topics include: what to do in a shooting incident, how to be prepared, how to think safely, and how to recognize a potential problem. This seminar is sponsored by [various university entities].

I guess I should attend just so I can learn “how to think safely.” I have serious doubts about whether anyone can really be prepared to handle an “active shooter” in the classroom, but maybe it’s worth checking out? Because all I can think of to do now if an active shooter enters my classroom is duck, run away, or call 911.

–Ann Bartow

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“The National Network of Abortion Funds Denounces the Vitter Amendment”

From the FLP Mailbox:

The National Network of Abortion Funds condemns passage of the Vitter Amendment (S.Amdt. 3896) as part of the Indian Health Services Act (S.1200). Passed by the Senate earlier this week, the amendment adds language to the Indian Health Services Act prohibiting the use of IHS funds for abortion services except in cases of rape, incest, or life endangerment. This legislation duplicates existing policy which already unfairly restricts coverage of abortion in the Indian Health Service. IHS is subject to the Hyde Amendment, first passed in 1976, which prohibits federal Medicaid dollars from being used to pay for abortion, except in cases of rape, incest and danger to the life of the woman.

For the more than 12 million women who depend on Medicaid and other federal programs, the impact of the Hyde Amendment and the funding bans enacted in 33 states is staggering. Prior to 1976, when Medicaid funds paid for abortion nationally, one-third of all abortions were fully covered. Since the Hyde Amendment took away abortion coverage, federal Medicaid has paid for less than one percent of abortions.

The restrictions in Vitter and Hyde unfairly discriminate against Native American women for whom the Indian Health Service is their primary healthcare provider. A survey conducted by the Native American Women’s Health Education Resources Center (NAWHERC) in 2002 found widespread non-compliance and confusion about the abortion restrictions. 85% of the service units contacted denied women services even in cases where they were legally entitled to coverage.

Historically, Native American women have faced other governmental policies restricting their reproductive lives. Native American children were removed from their communities and placed by the government in non-Indian boarding schools, foster homes and adoptive families. In the 1970s, involuntary sterilization by Indian Health Services was exposed as a civil rights violation in a lawsuit brought by Norma Jean Serena of the Creek-Shawnee. In the 1980s, although Depo Provera was banned by the FDA because of inadequate health and safety studies, it was administered to Native American women who were said to be”mentally impaired,”without their consent.

We oppose the Vitter and Hyde Amendments and all restrictive legislation that undermines a woman’s ability to make her own decisions about childbearing and her health.”All women must have the power and resources to make healthy decisions about their bodies and their families; it’s a matter of dignity and justice”said Stephanie Poggi, Executive Director of the National Network of Abortion Funds.

The National Network of Abortion Funds is an association of more than 100 community-based groups in 43 states that provide financial assistance to low-income women seeking abortions. Each year, member groups of the Network raise over $2.5 million and help more than 20,000 women and girls nationwide. The Network provides support and training to its member Funds and advocates for a humane future where public funding of abortion – and all reproductive health care – is a reality. The Network coordinates The Hyde – 30 Years is Enough! Campaign, a national coalition of more than 70 social justice organizations, dedicated to repealing the Hyde Amendment.

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God Hates Flags!

An interesting and provocative art project.

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“How I’d Sink American Vogue”

“How I’d Sink American Vogue” is a project that Scott King developed for a show at New York gallery PS1 last year. Creative Review notes:

His 12 artworks featuring fictional proposals for Vogue covers ruthlessly lampoon the fatuous froth of the glossy. Take January, The Angry Issue: its main feature – 769 Things That Make Scarlett Johansson Angry At Injustice. Inside, we are promised advice on”how to dress angry”, a report on”whatever happened to New Orleans”and”how Bono saved Africa”.

Carrying on the list obsession is the May issue with 635 Poor People Upside Down [above], plus Karl Lagerfeld on cancer and the lost diaries of Oswald Mosely.

I have very mixed reactions to this. On the one hand, I dislike Vogue very deeply, because to meet it represents a powerful instrument of commodification and othering of women. On the other hand, however, King is making fun of women and “women’s stuff” in a way that strikes me as somewhat misogynist. Check it out and see what you think.

–Ann Bartow

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The Problem of Pregnancy

Having come this far, it is time to discuss the problem of pregnancy.

There has been so much intelligent and provocative feminist analysis of pregnancy that I cannot hope to do the matter even the roughest justice. But I also cannot ignore it, so I’ll just have to content myself with a few observations here.

Pregnancy is an exclusively female experience. It’s also, at least as understood in many cultures, a profoundly important experience. And it is without parallel–it is simply not like anything else. (I reject the comment to an earlier post of mine on Feminist Law Prof that likened it to having a tape worm or a kidney stone.)

These aspects of pregnancy create twin perils. On the one hand, to ignore or devalue the unique aspects of pregnancy denies women full credit for their extraordinary contribution to the birth of a child. It creates a fallacious equality between men and women, for in this regard, men and women are not equal. To deny the importance of pregnancy to the question of parental status shortchanges women who experience pregnancy and birth.

At the same time, over-emphasizing the unique experience of pregnancy and birth carries its own risks. At times all women have been viewed as little more than potentially pregnant people, not capable of rationale thought or difficult work. And of particular importance to me here, over-emphasizing the importance of pregnancy and birth can make it impossible for any other person to assert a claim of parental status equal to that of the woman who gave birth.

My hope here is to steer a course between these perils. I recognize that there is something unique in the role a pregnant woman plays in the period before the birth of a child. I would recognize the importance of pregnancy by giving her a claim to parental status at the time the child is born. (I make no statement here about whether she is the only person who can make such a claim at the time of birth.) But as soon as the child is born others are equally able to assume parental roles, to nurture the infant. And so others can become parents–equal parents— of the child. As the pregnancy is completed the woman who was pregnant carries no advantage forward into the future.

-Julie Shapiro (cross posted to Related Topics)

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Why Feminists Need To Call Out Fellow Progressives for Sexism

That isn’t exactly the title of this terrific post at Shakesville, but that’s some of the important territory it covers. Written by Melissa McEwan, a fantastic feminist blogger.

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Some Possible Questions

My last post raises a few questions, at least for me. One I have an answer for, the others I do not.

–How important is the intention to be a parent? This is the one I think I can answer. (I owe some thanks to a poster at Feminist Law Professor for a helpful hypo.) Suppose it isn’t actually the woman’s choice to continue the pregnancy through to the birth of a child. Suppose that result is forced upon her (by circumstances, by the failure of our society to make her options real or, as suggested in the hypo, by brute force). I still think that when the child is born she is a parent. It’s the fact of pregnancy/childbirth that makes her a parent. I realize in the past I have alluded (more than once) to her decision to continue the pregnancy. But the poster makes me realize that that is at best a make-weight. The performance of this essential parental role, intentional or not, makes her a parent.

I’ve been heading for this conclusion–that function should be the determinant of parental status–for some time. But somehow this little hypo caused it to gel for me here. I think there are fairly broad implications that follow from this and I’ll have to follow those up in other posts.

— When exactly does the woman become a parent? I’m committed to the idea that she is not a parent at the time of conception. And now I’m also committed to the idea that she is a parent at the time the child is born. So somewhere in there she becomes a parent. It’s tempting to say simply that she becomes a parent at the time of birth and perhaps that is the right conclusion for me. But it seems to be a little more complicated than that. If she is a parent because she has functioned as a parent then that would seem to suggest something akin to a parent/child relationship existed before the child was born. This seems inconsistent with what I’ve said earlier. I think I’ll just let this slide for now.

Having said that, I will still note that any sort of functional test for parenthood generally won’t yield nice firm rules for when parenthood begins. That’s a practical problem. It also seems that functional parenthood isn’t necessarily permanent. If you stop functioning as a parent for long enough, then you aren’t a parent any longer. Here, too, I see there could be problems ahead.

— Under my working hypothesis, all children have at least one parent (a mother) when they are born. But they may not (and in the one-night-stand situation I’ve been focused on, they do not) have a second parent. Yet I do not rule out the possibility that some children will have more than one parent at birth. How does a second person get to claim parenthood at the time of birth? Not exactly sure yet, but stay tuned.

-Julie Shapiro (cross posted to Related Topics)

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Women’s eNews: “Obama’s Call for Change Speaks Loudly to Women”

For balance, here’s a commentary from Ellen Bravo on Women’s eNews – “Obama’s Call for Change Speaks Loudly to Women.”

Barack Obama is willing to stand up for what’s right–such as paid leave and opposition to the war–even when it isn’t popular. Ellen Bravo says that’s just one reason why she and other women’s rights activists are choosing him over Hillary Clinton.

– David S. Cohen

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National Young Women’s Leadership Conference

From the FLP mailbox, this conference notice:

Feminist Campus Leadership Conference Series  March 8 & 9, 2008

National Education Association Headquarters, Washington, DC  

Feminists from around the country will gather to focus on how young women can impact domestic and global issues. Speakers will include national leaders and experts of all ages sharing knowledge, experience and information on reproductive rights, the environment, violence against women, war, and the importance of young women’s vote.

More info and registration here.

-Bridget Crawford

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HPV Vaccine May Become Mandatory in Kentucky

The Kentucky House voted 56-37 to approve a bill that “to require immunization against human papillomavirus for school-age children.” The Louisville Courier-Journal has more here.  

-Bridget Crawford

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Christine Stansell, “Feminists For Clinton”

At the HuffPo. Via Joan Heminway.

(NB: All voices and perspectives coming from the folks in the blogroll are welcome here).

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“20 Tacky Religious Products Guaranteed to Anger God”

Feminist it’s not, but funny it is. Here’s one from the list:

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Using “Hot Girl Car Sex” to discourage drunk driving.

Sparkle*Matrix has the story.

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“Facebook Can Ruin Your Life…”

From the Independent, excerpt below:

… An American insurance company, in defending its refusal to pay out a claim, is seeking to call in evidence personal online postings, including the contents of any MySpace or Facebook pages the litigants may have, to see if their eating disorders might have “emotional causes”. And the case is far from a lone one. Suddenly, those saucy pictures and intimate confessions on social networking sites can be taken down and used in evidence against you in ways never dreamed of.

In the US, a sex assault victim seeking compensation faces the prospect of her MySpace and Facebook pages being produced in court. In Texas, a driver whose car was involved in a fatal accident found his MySpace postings (“I’m not an alcoholic, I’m a drunkaholic”) part of the prosecution’s case. From Los Angeles to Lowestoft, thousands of social network site users have lost their jobs – or failed to clinch new ones – because of their pages’ contents. Police, colleges and schools are monitoring MySpace and Facebook pages for what they deem to be “inappropriate” content. Online security holes and users’ naivety are combining to cause privacy breaches and identity thefts. And what all this, and more, adds up to is this: online social networking can seriously damage your life. …

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“Why My Favorite Professor Was A Chronic Liar”

Interesting essay here, at Overcoming Bias.

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New Law School Ratings Approach May Benefit Women

Via Nancy Rapoport at Money Law and Brian Leiter, consider this article at Inside Higher Ed about a new approach to rating law schools that will be published by The Green Bag, and rather unsubtly called The Deadwood Report. (NB: For any reader who does not work in a law school, “deadwood” is the term often used to describe unproductive faculty members). From the Inside Higher Ed article:

What exactly will the Deadwood Report measure? Law schools, the editors write,”generally hold themselves out as institutions led by faculties whose members are committed to teaching, scholarship, and service.”They argue that the best teachers tend to be active scholars and vice versa,”and all the best lawyers of every stripe engage in service for the public good…. Evidence of the law schools’ commitment to this view is reflected in the practically universal requirement of high achievement in all three areas for tenure. And so we should be able to say with some confidence that a good law school will have a faculty consisting of hard-working teacher-scholar-humanitarians,”the Green Bag editorial says.

“The Deadwood Report will simply test the accuracy of that picture,”the journal’s editors write.”Our focus will be on the most dully objective of measures: whether the work is being done : whether each law school faculty member is teaching courses, publishing scholarly works, and performing pro bono service.” (The journal plans to start with teaching and research, turning only eventually to service, and notes that it does not plan :”at least not yet”: to answer what it calls the”trickier and more entertaining subjective questions: whether the teaching is effective, whether the scholarship is sound, whether the service is in the public interest.”)

The Green Bag‘s method for answering those questions sounds like it will be painstaking. Its staff (editor Ross E. Davies and research assistants) plan to:

  • Download a law school’s faculty Web pages, course catalogs, and publications lists.
  • Compile the data, with an emphasis on recent scholarship and recent teaching (“A school whose faculty is heavy with people who used to be active might do well in a citation or reputation study, but it will do poorly in the Deadwood Report”).
  • Analyze the data, using a still-to-be-finalized process of”sorting and weighting.”Basic principles:”We are interested in well-rounded, activie faculty members, and so we will give more weight to the moderately active teacher-writer than to the hyper-writer who neglects teaching or to the hyper-teacher who neglects writing.”Schools will also be rewarded for having well-rounded faculties, rather than a handful who are big-time scholars and a bunch of others who aren’t.
  • Send each school’s dean his or her institution’s preliminary results for a chance to correct inaccuracies.
  • Correct the errors and publish the results.

The journal’s editors offer some advice to law school deans, which offers additional evidence about their motives in joining the rankings game. Keep your Web sites up to date, since that is where all of the rankings’ information will come from.“This seems reasonable to us because your Web site is surely where most applicants and other inquisitive people go for information about your law school. If a school cannot be bothered to provide accurate information about the teaching, scholarship and service of its own faculty on its own Web site, it deserves to be haunted by any inaccuracies.”

“Puffery is double-edged,”the Green Bag warns. If a law school’s”faculty”page offers a long list of names, the journal’s editors will include and assess them all in the school’s”deadwood”numbers.”Inflated denominators will not be helpful to you,”the journal’s editorial says. “If you have employees who are employed to teach but not to write, or to write but not to teach,”or who once did one or both but no longer do, or who are on leave,”you might be well-served : and people visiting your Web site would certainly be better-informed : if you moved those folks off your list of”Faculty”and onto lists labeled, perhaps,”Instructors”and”Researchers”and”Emeriti”and”Administrators”and”On Leave.” (Visiting instructors will be treated differently.)

The full Green Bag description can be downloaded here.

If this initiative motivates law schools to clean up and demystify their websites, that alone would be an incredible service. I have often wondered what the deal was with some of the “faculty web pages” at U.S. law schools. Consider how impressively the Yale Law School’s faculty website, which is actually more informative than many law school websites, obfuscates the status of the folks teaching (or in some cases, NOT teaching) there. Who is tenured? Who is tenure track? Is everyone who is not listed as “on leave” teaching a full load? Or teaching a class at the law school at all? And see how long it takes you to figure out how many tenured women are currently on the YLS faculty. Not too many, huh? But the website design hides that fact pretty well.

Harvard Law School is one of the largest law schools in America. So does it have the one of the largest law school faculties? Well, 84 people are listed here, of which only 17 are women. Two of them I happen to know from firsthand, being their student experience, are among the finest lawprofs anywhere (that would be Lani Guinier and Elizabeth Warren), and I love the fact that HLS has a woman Dean, but sheesh, 17 out of 81 in 2008? And how many are “on leave” for the year or some portion thereof? In fairness, my own law school is being less than fully transparent when it lists 51 “full time” faculty members. Not everybody named is teaching a full four course load this year, or even regularly.

If law schools are motivated by this new approach to ratings to host more honest and informative websites, this may benefit women in several ways. First, it will make data collection easier, for the purposes of ascertaining how many tenure and tenure track women there are on a faculty. Second, it will draw attention to the high numbers of women in non-tenure track positions, relative to men. (See also). Third, if service is measured, there is a good possibility the data will demonstrate that female faculty members perform more service than males, and incentivize law schools to recognize and reward service more effectively.

–Ann Bartow

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