Pre-Order Mary Dudziak’s New Book!


HERE!

And, see also.

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The Gender of Legal History?

The always wonderful Al Brophy is guest blogging at the Legal History Blog, and he has a post up expressing concern about an apparent gender imbalance among legal historians.

–Ann Bartow

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“The Secret Ballot”

A short story by Dr. Violet Socks.

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Lawyers Behaving Badly

Cripes:

… A lawyer representing Ms. Hill in her bankruptcy case, Kenneth Steidl, of Steidl and Steinberg in Pittsburgh, wrote Countrywide a few weeks later stating that Ms. Hill had been deemed current on her mortgage during the period in question. But in May, Countrywide sent Ms. Hill another notice stating that her loan was delinquent and demanding that she pay $4,715.58. Neither Mr. Steidl nor Julia Steidl, who has also represented Ms. Hill, returned phone calls seeking comment.

Justifying Ms. Hill’s arrears, Countrywide sent her lawyer copies of three letters on company letterhead addressed to the homeowner, as well as to Mr. Steidl and Ronda J. Winnecour, the Chapter 13 trustee for the western district of Pennsylvania.

The Countrywide letters were dated September 2003, October 2004 and March 2007 and showed changes in escrow requirements on Ms. Hill’s loan.”This letter is to advise you that the escrow requirement has changed per the escrow analysis completed today,”each letter began.

But Mr. Steidl told the court he had never received the letters. Furthermore, he noticed that his address on the first Countrywide letter was not the location of his office at the time, but an address he moved to later. Neither did the Chapter 13 trustee’s office have any record of receiving the letters, court records show.

When Mr. Steidl discussed this with Leslie E. Puida, Countrywide’s outside counsel on the case, he said Ms. Puida told him that the letters had been”recreated”by Countrywide to reflect the escrow discrepancies, the court transcript shows. During these discussions, Ms. Puida reduced the amount that Countrywide claimed Ms. Hill owed to $1,500 from $4,700.

Under questioning by the judge, Ms. Puida said that”a processor”at Countrywide had generated the letters to show how the escrow discrepancies arose.”They were not offered to prove that they had been sent,”Ms. Puida said. But she also said, under questioning from the court, that the letters did not carry a disclaimer indicating that they were not actual correspondence or that they had never been sent.

A Countrywide spokesman said that in bankruptcy cases, Countrywide’s automated systems are sometimes overridden, with technicians making manual adjustments”to comply with bankruptcy laws and the requirements in the jurisdiction in which a bankruptcy is pending.”Asked by Judge Agresti why Countrywide would go to the trouble of”creating a letter that was never sent,”Ms. Puida, its lawyer, said she did not know. …

Detailed analysis and commentary here. Via Froomkin.

Countrywide holds my mortgage, and after a re-finance started sending me correspondence and payment coupons written soley in Spanish.   I speak Spanish, but not that well, and I was worried about missing something or misunderstanding something important. Me tomó mitad de las llamadas telefónicas docena altamente agravating para conseguirlos cambiados encima al inglés. No conseguí afortunadamente un aviso de la ejecución de una hipoteca durante este intervalo. Por lo menos por lo que podía decir.

–Ann Bartow

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“The witch ain’t dead, and Chris Matthews is a ding-dong”

Read Rebecca Traister’s Salon essay by that title here.

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South Carolina Board of Education Decides Against Banning Biology Text That Teaches Evolution

Thank goodness. The vote was scary close:

The South Carolina Education Board approved a biology textbook Wednesday for public schools, despite questions from critics worried about how the book teaches evolution.

The board voted 9-7 to approve the textbook’s latest edition, which can be used in ninth- and tenth-grade biology classrooms. Science teachers from across the state erupted in applause after the vote.

Board member Charles McKinney argued the origin of life is an incomplete mystery and thinks the book presents evolution as fact rather than theory.

He asked the board to “carefully weigh the impact that distorted science opinion presented as scientific truth in adopted text will have upon youth.” He said evolution was used by Nazi Germany and other totalitarian states as an excuse to kill millions of people.

“I need to assure that neo-Darwinism is not allowed to project lies that could once again allow the emergence of social Darwinism,” McKinney said.

The former teacher said teaching evolution doesn’t bother him, as long as students are taught it’s an incomplete science. He said he realizes creationism can’t be taught, because the courts have ruled against it.

The book’s co-author, Ken Miller, disputed the criticisms and said the updated book’s section on evolution is unchanged from the textbook already used in South Carolina and all 49 other states.

Miller challenged the board to find a single reference to evolution as law or fact rather than theory. No one could.

Miller called it absurd and insulting to blame the theory of evolution for the deaths of hundreds of millions of people. Adolf Hitler and Joseph Stalin were driven by racism, anti-Semitism and socialist utopianism, not scientific theory on the origin of the species, he said. …

Props to these folks for their excellent work on the issue.

–Ann Bartow

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Today Would Have Been The 100th Birthday of Simone de Beauvoir

More by Alfonsina at Feminist Figure.

See also this entry at the Internet Encyclopedia of Philosophy.

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Supposedly Liberal Doods Assert New Hampshire Women Voted For Clinton Out Of “Sympathy”

Did New Hampshire women vote for Clinton out of”sympathy”? Two of the “big” Supposedly Liberal Dood bloggers think so, Kos from Daily Kos and Atrios from Eschaton. Kos writes in part:

The more she’s attacked on personal grounds, the more sympathy that real person will generate, the more votes she’ll win from people sending a message to the media and her critics that they’ve gone way over the line of common decency. You underestimate that sympathy at your own peril. If I found myself half-rooting for her given the crap that was being flung at her, is it any wonder that women turned out in droves to send a message that sexist double-standards were unacceptable?

People like Kos and Atrios have a hard time comprehending the possibility that women vote on issues. So it must be “sympathy” that drives us, given how overly emotional we are and all.

–Ann Bartow

Updated to add: Sweet jeebus how I hate Maureen Dowd. But my primary vote will still be issues based, despite Dowd’s obvious effort to drum up sympathy votes for Clinton by viciously excoriating her. Or something.

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First Woman to Win a U.S. Presidential Primary?

I certainly haven’t read every article covering last night’s win by Hillary Clinton, but what I have read seems to have glossed over something I am fairly certain is true: she’s the first woman to win a presidential primary in American history.

Am I wrong about this? Did someone I’m not thinking of win some state along the way in the past? I looked through the list (available here) of past female candidates for President and couldn’t find anyone, upon further research, that had won a state.

If this is correct, regardless of what you think of her candidacy compared to the others’, Clinton accomplished a major first yesterday in New Hampshire (that, of course, has come way too late in American history). Congratulations to her!

– David S. Cohen

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“Pitting Race Against Gender”

Jenn at Reappropriate takes issue with Gloria Steinem’s recent NYT Op-Ed.

(Editor’s note: Hopefully it is clear that this blog itself is not intended to advance the candidacy of any particular candidate, but certainly individual bloggers are free to express their opinions through prose or links).

Update: Anixious Black Woman offers an opinion here.

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Letter to Hillary Clinton

DEAR HILLARY,

Don’t give up! Don’t ever give up! What you are doing by running for President is too important to America and the world for you or any other woman who dares to assume a position of leadership, to give up. As Susan B. Anthony said:”Failure is impossible.”Not because it was impossible for women to get the vote during her lifetime (they didn’t), but because the progress toward equity for women may be delayed but it cannot be stopped. The dream that one day, perhaps even before the 100th Anniversary of the Constitutional Amendment that gave women the right to vote, a woman might become the President of the United States, is a dream worth fighting for.Not to take anything away from Senator Obama, but it is a telling fact of American history that progress toward equity and inclusiveness usually proceeds in an order that welcomes all males before it welcomes any females. The Fifteenth Amendment to the U.S. Constitution gave all men the right to vote 50+ years before Ms. Anthony’s posthumous triumph. Justice Thurgood Marshall was appointed to the U.S. Supreme Court 14 years before Sandra Day O’Connor.

Although people frequently speak of the need for change, deep down they are afraid of it. At times of uncertainty and change, those who are afraid of change cling to what they have been taught by years of overt and subtle influences to believe is safer and more secure: the leadership of men. Even women can be uncomfortable with the leadership of other women and, as you well know, the portrayal of women in popular culture and the press does little to alter this thinking. The only way to change the public’s perception about the ability of women to lead is for more women to seek and achieve positions of leadership, even if they suffer episodes of failure in the process.

To quote Amelia Earhart:”Women must try to do things as men have tried. When they fail, their failure must be a challenge to others.”Failure is impossible because, even if you don’t become President of the United States, the professionalism and tenacity with which you pursue your campaign is sure to provide inspiration to others.

Sharon Sandeen

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Can You Say “Gender Gap”?

New Hampshire’s Democratic Primary results:

Total Voters by Gender:
Female 57%
Male 43%

Total Women Voters by Candidates
Hillary Clinton 46%
Barack Obama 34%
John Edwards 15%
Bill Richardson 3%
Dennis Kucinich 1%

Total Men Voters by Candidates
Hillary Clinton 29%
Barack Obama 40%
John Edwards 19%
Bill Richardson 6%
Dennis Kucinich 2%

Much more demographic data here.

–Ann Bartow

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For The Couple of Weeks Or So, Y’all Will Be Watching South Carolina

The Democratic presidential primary election will be held here in South Carolina on Saturday, January 26. After it’s over, with a population of just over four million, we won’t get much attention from the candidates or national press, but up until then y’all may find us quite fascinating. Like any place run by humans, we have our problems. And our state government often serves us very badly. But mostly South Carolinians are just like you, so if you could keep the anti-Southern bigotry to a minimum, that would be much appreciated.

–Ann Bartow

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Does ‘gender neutral’ language serve to cover up male violence?

Jennifer Drew asks that question here at the f-word.

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Katha Pollitt: “Hillary Shows Feeling, is Slammed”

Read her new column at The Nation.

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“Gloria Steinem: Moving Beyond Words”

This site features an audio clip of a speech Gloria Steinem delivered at the Ford Hall Forum on May 12th, 1994 in which she discusses the state of the women’s movement in the early 1990s.

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Melissa McEwan: “Fighting Sexism is Meant to be a Progressive Value”

Read her excellent post by this title here.

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Why Do The Supposedly Liberal Doods Link Sex And Derogation?

Here’s a picture of Guiliani:

Here is a link referencing “nipple clamps” with respect to that photograph, and over at Eschaton this gets escalated to a porn allusion:

Late Night Rowwwr!

Everyone wants to see Rudy Giuliani rub his nipples.

Eschaton of course is the blog where Atrios refers to people he dislikes as “fluffers,” see e.g. this, this, and this. Relatedly, see also this, this, this, this (porn AND bestiality reference) and this. A “fluffer” is, according to this site: “Porno movie jargon for a woman hired to keep the male performer in erection between scenes.” See also.

–Ann Bartow

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Thoughts on Gloria Steinem’s “Women Are Never Front-Runners”

In her op-ed piece in today’s New York Times, Gloria Steinem asks us to imagine a hypothetical candidate — Barack Obama as a female, essentially — and then asks, “Be honest: Do you think this is the biography of someone who could be elected to the United States Senate? After less than one term there, do you believe she could be a viable candidate to head the most powerful nation on earth?” While I don’t disagree with much of what Steinem says about the barriers women face in politics, her hypothetical doesn’t seem to capture her point. While it may be true that women face greater hurdles than African American men in achieving power, Steinem’s “Achola Obama” starts off with two strokes against her in the political game: she is both African American and female. There’s no doubt that African American women, disturbingly, face even longer odds than either white women or black men.

Moreover, a dry recitation of Barack Obama’s background does not begin to capture his appeal to voters. Not every black, male candidate with his background would be able to score such an impressive victory in Iowa. A lot of African Americans have feared that Obama is unelectable, particularly before the Iowa caucuses. Based on their own experiences with racism, it seemed an impossible dream. Many women have felt the same way about Hillary Clinton. It may well be that this country would elect a President who is black and male before it elects one who is female. But I’ve never been sure, because I also believe, given the unpredictability of politics and the importance of intangibles like a person’s presence and charisma, that it will require a kind of perfect storm to elect either one: the right candidate, and the right conditions. As an Obama supporter (who nevertheless would be thrilled to see Clinton win), I am hoping the stars have aligned for Obama. Many hope the same for Clinton. As Obama would say, we have two choices: we can hope, against the odds, or we can resign ourselves to the status quo. Of course it’s not fair that we have to wait for a perfect storm. But all the same, if either Clinton or Obama wins, the victory will be monumental. We should work for such a victory, and if it comes, we should savor it.

Caitlin Borgmann

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Gloria Steinem In Today’s NYT: “Women Are Never Front-Runners”

If you haven’t already read this NYT Op-Ed, it’s accessible here.

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Isabel Allende talks about writing, women, passion, feminism.

Watch it here.

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“Islam and the Left. Dialogue or cold war?”

Though the focus is much broader than simply gender issues, this exchange at Reset DOC will be interesting to many feminists.

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Embryo Adoption?

I was at the American Association of Law Schools (AALS) conference last week and there, amid all legal publishing companies and on-line search services in the Exhibitor’s Hall, was a table for something called Embryo Connection, which works with the National Embryo Donation Center. They were giving out these nice little calculator/writing pad things which, according to the stamp on the back of mine, were funded by a federal grant. My tax dollars at work? (I suppose a little calculator and pad combination is better than some federal spending.)I’m still not exactly sure what the Embryo Connection was doing at the AALS. Its main purpose is to promote the adoption of embryos. The embryos they are thinking about were created for in vitro fertilization (IVF). Most couples turn out not to need all the embryos created during IVF and so the embryos remain in cold storage. Many are undoubtedly discarded eventually. Every now and then you see a case where the couple that created the embryos is splitting up and they fight over the embryos–usually because one person wants to use them and the other wants to dispose of them. Almost always the person favoring destruction of the embryos prevails–courts typically rely on some sort of right not to procreate.

The idea of the folks who were at the AALS (and they are not alone–there are other similar centers) is that these embryos should be adopted by a willing married couple. (I’m doubtful they’d go for a happily married Massachusetts lesbian couple, but it doesn’t actually say.)

Now it would be one thing if the Embryo Donation Center, true to its name, were concerned strictly with embryo donation. But the”Donation”Center routinely refers to the process as”adoption”as well and, consistent with that model, requires a home study for recipient couples.

Adoption, of course, requires an adoptee–a child to be adopted. And that is where the peril lies. In the worldview of the Embryo Connection, these frozen embryos are children and the egg and sperm donors are already parents. The implications of this linguistic slide from”donation”to”adoption”for women’s reproductive autonomy is pretty obvious.

Julie Shapiro (cross-posted at Related Topics)

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THE UNIVERSITY OF BALTIMORE SCHOOL OF LAW’S FEMINIST LEGAL THEORIES AND FEMINISMS CONFERENCE, March 6 & 7, 2008

“Can You Hear Us Now: How New Feminist Legal Theories and Feminisms Are Changing Society”
THURSDAY, MARCH 6, 2008, 6 P.M.
keynote address by Gloria Steinem


in the University of Baltimore’s Langsdale Auditorium

FRIDAY, MARCH 7, 2008
a day of presentations by legal academics,
practitioners and activists regarding current
scholarship and legal work that explore the
evolution of feminism and feminist legal theories
as well as their application to current legal
theory and practice

To view full conference details
and to register, visit
http://law.ubalt.edu/femconf

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Dirty Politics, South Carolina Style

Watch the PBS documentary here or here.

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Reader JDfemnist decides to meme!

“I love this meme and hope you’ll find a way to spread it throughout the blogosphere. Following are my headlines.

Headline I’m most fearful of seeing in 2008: U.S. attacks Iran on the same day the Chinese/Russian/Arab Conference on Africa commences in Darfur.

Headline I most want to see in 2008: President-elect Richardson meets with up-to-date, actual experts and experienced negotiators and mediators, including George Mitchell, in first of monthly sessions on exploration, planning and strategy for domestic and international issues.

Headline I most expect to see in 2008: Intelligent Design texts, STDs, unplanned pregnancies and purity balls continue to increase while U.S. literacy, math and science scores continue to plummet.

Headline I least expect to see in 2008: Chief Justice Roberts, Justices Scalia, Thomas and Alito resign from SCOTUS, move to a two bedroom tenement in Harlem, and divide their time between working for the Public Defenders’ Office and volunteering in the local after school tutoring programs.”

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“Hyde – 30 Years Is Enough” Petition

Here, via the National Network of Abortion Funds.

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Carhart and Its Effects — Which Women?

The Reproductive Rights Prof Blog has a good re-cap of the AALS Hot Topic panel on Gonzales v. Carhart. Michael Dorf also has offered his thoughts on some of the political issues raised in the panel.

Here, I’d like to respond to a colloquy that took place. As I heard her say during the panel, Angela Harris said that Carhart could usher in new coalition building among reproductive rights advocates because the people affected by the decision are now middle- and upper-class white women who will see that this issue affects all women, not just poor women of color. A member of the audience pushed her about this point, saying that the abortions now banned by the federal law upheld in Carhart actually affect the same group of women usually targeted — the poor and the minority. If I’m remembering correctly, Professor Harris responded that she was misheard (by the audience member making the comment and by me too!) and that the procedure does affect that group but that the attention paid to the decision and the push to regulate abortion in its wake will serve this unifying purpose. (I hope I’m faithfully remembering the back-and-forth. If I’m not, please add your comment with clarification.)

To give some substance to the audience-member’s comments, below is an excerpt from a brief submitted by reproductive rights advocates for the 2000 Nebraska Carhart case. The brief is also reprinted in the UCLA Women’s Law Journal. If you want the sources for the facts stated below, you’ll have to follow the links (this excerpt begins on page 10 of the brief and page 11 of the article).

Here’s the grim reality of who is affected by bans on intact dilation and evacuation:

Furthermore, the weight of the Nebraska ban will fall most heavily on precisely those women least able to bear it: disadvantaged women who are already encumbered by circumstances making it difficult to obtain an abortion promptly. Only a small percentage of abortions take place in the second trimester. See Abortion Surveillance, supra, at 5 (finding that 88% percent of abortions are obtained in first trimester and only 10% in the second trimester). A mere 4% of abortions are obtained at sixteen to twenty weeks, the period of gestation during which Dr. Carhart performs most of his D&X abortions. See Carhart v. Stenberg, 11 F. Supp. 2d 1099, 1105 (D. Neb. 1998). Women who obtain abortions after the very earliest stages of pregnancy typically face special circumstances or difficulties that delay them. For example, in some cases, fetal abnormalities are discovered through testing undertaken in the second trimester. In other cases, socioeconomic factors play a significant role in delaying the abortion into the second trimester. These factors include: poverty, which prevents low-income women from raising the money quickly enough to pay for an earlier procedure; domestic violence, because abusers often deter their victims from getting an earlier abortion; unawarenessof pregnancy that can often stem from youth; an unforeseeable change in circumstances such as a health problem or desertion by a spouse or partner that occurs only after several months of pregnancy; and inability to locate or access a provider. Race is also correlated with post-first-trimester procedures: Black women are 2.8 times more likely to obtain a second-trimester abortion than are white women. Abortion Surveillance, supra, at 7.

– David S. Cohen

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For Our Snow Belt Readers

How To Make An Igloo. When you are ready to thaw out, y’all come visit, hear?

–Ann Bartow

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Links!

Aid for battered Muslim women (IntLawGrrls)

Top ten of 2007 (Title IX Blog)

AALS “Hot Topic” Panel on “Reproductive Justice After Carhart” (Reproductive Rights Prof Blog)

“Opting-Out” of the New Jersey Fan Club (…Just This Once) (Womenstake)

Liberty and Media Justice For All (HuffPo)

A Look Back: “Doin’ It: Sex, Disability and Videotape” (Our Bodies Our Blog)

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Headlines for the New Year Meme: Generation 2.1

Okay then:

Headline I’m most fearful of seeing in 2008: Bush Launches War Against Iran
Headline I most want to see in 2008: South Carolina Electorate Moves Sharply To The Left
Headline I most expect to see in 2008: [Insert Name of Successful Young Female Actor Here] Has Gained/Lost Too Much Weight
Headline I least expect to see in 2008: The Alfred Nobel Foundation Has Founded A New Nobel Prize For Blogging

I tag: Joan Heminway, Orin Kerr, Rebecca Tushnet, Jim Chen, Susan Kuo, Ellen Podgor, Larry Solum, Lisa Fairfax, Stephanie Farrior and Erin Buzuvis.

–Ann Bartow

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Photographs, the Internet and Fair Use (Not The Copyright Law Kind)

Two provocative posts about the ethics of re-posting photographs at Bitch, Ph.D.

Here:

The camera captures your soul: What is this picture for?

and here:

Feminism 101: The internet is a jungle, but if you are a woman it’s a jungle in which you deserve to be raped, you fat cunt

Update: Frank Pasquale has some interesting commentary about this issue here.

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Mr. President, Women Are Not for Sale

The December 31, 2007 issue of People magazine contains an interview with President George W. Bush and  First Lady Laura  Bush.   People asked President Bush about his daughter Jenna’s engagement to Henry Hager.

People Interviewer: Tell us about your future son-in-law Henry Hager.   Did he do right and ask for Jenna’s hand?

The President: He did.   They were up here [at Camp David], I think it was on my birthday…

Mrs. Bush: Fourth of July weekend, yes.

The President: He kind of sidled up to me and said, “Can I come and see you?”   We were sitting outside the presidential cabin here, and he professed his love for Jenna and said would I mind if he married her?   And I said, “Got a deal.” [Laughter] And I’m of the school, once you make the sale, move on.   But he had some other points he wanted [to make].   He wanted to talk about he would be financially responsible.

Mrs. Bush: It was very sweet.

This backwards talk that makes women the subjects of “deals” for “sale” is shocking.

-Bridget Crawford

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Doubting Society’s Ability to Respect African-Americans

Anxious Black Woman has this reaction to Michelle Obama’s “stop doubting” message aimed at African-Americans.

-Bridget Crawford

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Women and Taser Guns

From cnn.com:

Before she lets them shoot her little pink stun gun, Dana Shafman ushers her new friends to the living room sofa for a serious chat about the fears she believes they all share.

“The worst nightmare for me is, while I’m sleeping, someone coming in my home,” Shafman says, drawing a few solemn nods from the gathered women.

Shafman, 34, of Phoenix, says she knows how they feel. She says she used to stash knives under her pillow for protection.

Welcome, she says, to the Taser party.

On the coffee table, Shafman spreads out Taser’s C2 “personal protector” weapons that the company is marketing to the public. It doesn’t take long before the women are lined up in the hallway, whooping as they take turns blasting at a metallic target.

The full article is here.  

Taser use by police has become highly controversial with the death of several persons in questionable circumstances.   There are more anecdotes than hard evidence but in all likelihood the balance is in favor of using the Taser as a non-lethal alternative when force is required.   That the Taser is now moving into a consumer market is troubling – use of these devices requires training and the the user should also be fully qualified in CPR and other advanced first aid procedures since the Tasered individual not infrequently has a major unintended reaction.   What is especially interesting is that the “Taser Party,” replacing perhaps the Tupperware party, reflects the degree of fear so many women still harbor about violence in their lives.   That should bring more attention than any device intended to protect against that possibility.

-Ralph Michael Stein

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“Women in Politics: The Role of Gender in Political Decision Making”

That’s the title of the Eighth Annual Women and the Law Conference and Ruth Bader Ginsburg Lecture at Thomas Jefferson School of Law in San Diego, on Friday, February 29, 2008.

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Tale as Old as Time: Blame the Victim

Earlier this week, Broadway actor James Barbour (pictured at  left) who played the Beast in “Beauty and the Beast”  pleaded guilty to two misdemeanor charges in lieu of defending against felony sex abuse charges arising out of the actor’s sexual contact with a 15 year-old girl.    The AP reports the story here.   The actor’s counsel is still appealing the denial of his request to publish ads seeking information from anyone “falsely accused” by the complainant in the Barbour case.

According to court opinion (available here), after the  actor’s initial indictment on the felony charges, but before his arraignment,

[T]he District Attorney’s office provided information regarding the matter to the New York Daily News and the New York Post. The tabloid coverage in those two newspapers on December 6, 2006 included a cover page headline in the Post, “Beast of Broadway: Sex rap vs. ‘Beauty’ Star,” and both articles  described charges that [James] Barbour seduced a 15-year-old fan into “groping” him    and allowing him to “grope” or “molest” her, and that on another occasion the following month they engaged in oral sex. Both papers’ articles reported a    hotline telephone number created by the District Attorney’s office for anyone else who might have similar criminal allegations to report against  Barbour. In fact, the next day’s New York Post reported that at the  arraignment, the People had provided information that another girl had come  forward claiming Barbour seduced her seven years earlier, when she was 13,  although the statute of limitations prevented any prosecution of the claimed  crime. *** Barbour’s attorney, petitioner Ronald P. Fischetti, proposed to set up his own hotline, for any men who had been falsely accused by this  complainant.

After the trial court barred Fischetti from setting up the hotline, the attorney objected.   The appeals court agreed with the trial court, however.   The Appellate Division, First Department, reasoned that such a hotline would be inappropriate:
Initially, petitioner’s protestations that it would be unfair and inequitable for him to be denied use of the same investigative procedures used against his client by the police and prosecutors, while understandable, do not form an  appropriate ground for vacating the challenged order.  *** [I]t is hard to imagine many victims of sex crimes being willing to come forward if they found that their names were  subject to being published in newspapers in relation to those crimes, in a  purported effort by defense counsel to conduct investigations into possible  grounds to impeach the victim’s credibility.

The full opinion is here.   According to the AP report, notwithstanding his client’s guilty plea, Mr. Barbour’s attorney has appealed the intermediate court’s decision to the State’s highest court.

Another blogger asks: “How do you feel about a man who sexually gropes a child, blames the child for his actions and then readily admits his confession was offered as the quickest path to get himself back in front of children?”

Hat tip to Ralph Stein.

-Bridget Crawford              

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Research Fellowships at Mary Baker Eddy Library

Applications now available for Summer 2008 Research Fellowships at The Mary Baker Eddy Library in Boston.   Open to academic scholars, independent researchers, and graduate students.   The Library’s newly public collections, centered on the papers of Mary Baker Eddy and records documenting the history of Christian Science, offer scholars countless opportunities for original research.   A select list of such resources includes:   Mary Baker Eddy’s scrapbooks and copybooks; household account ledgers and receipts; a fully-indexed file of newspapers clippings that date to the late nineteenth century; Eddy’s sermons and lectures; an extensive historic photograph collection; architectural records; early histories of branch Churches of Christ, Scientist; and Eddy’s voluminous correspondence and manuscript material, which offer opportunities for new analyses of her life and ideas.   Mary Baker Eddy (1821-1910) authored a ground-breaking book on science, theology, and healing titled Science and Health with Key to the Scriptures and founded the Church of Christ, Scientist, a publishing society, and The Christian Science Monitor.   Stipend provided. Application and supporting materials must be postmarked by February 11, 2008.   For further information about the Library’s holdings and the fellowship program, including the application and instructions, please go to http://www.marybakereddylibrary.org/collections/fellowships.jhtml or contact 617-450-7316, fellowships@mbelibrary.org.

DEADLINE APPROACHING – FEB. 11, 2008

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Lack of Women in Computer Science Field

My son is home from his first trimester at the McCormick School of Engineering at Northwestern University.   He’s in the Computer Science department and hopes to go straight for a PhD in that field.   At dinner the other night I asked him how many women were in his major.   He said just three.   Northwestern’s Computer Science program is pretty big and influential and there’s only three women?   With medical and veterinary schools enrolling about 50% or more women each year (to say nothing about law schools), I wonder why there are so few women in a prestigious computer science program.   My son claims there’s no overt prejudice but he isn’t involved in recruiting or admissions.Anyone have any thoughts about this (women in  computer science, NOT computer engineering which is a whole different field and where there are more women enrolled)?

-Ralph Michael Stein

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Thank-You Notes After Academic Interviews

My sister, Maureen Crawford Hentz, is the “Manager of Talent Acquisition” at Osram Sylvania and a blogger for boston.com on HR matters.   We had a long discussion over the vacation about the value of thank-you notes sent by job candidates.   The Emily Post Institute says they are a must.   My sister agrees; she says that the failure to send a thank-you note demonstrates a basic lack of common courtesy and should be a red flag in the hiring process.   I agree with her, but the law faculty recruitment market does not.

Over the last 4 recruiting seasons, I’ve interviewed a few hundred faculty candidates.   I can count on one hand the number of thank-you notes I’ve received.   They were all e-mail clones of the notes sent by the candidate to my colleagues (yes, we forward them to each other).   I’ve yet to receive a handwritten note from a candidate.   After a full day of AALS interviews, I don’t expect a thank-you note.   But in the cases where faculty members have spent hours interviewing, reviewing scholarship, participating in the full-court press/wine-and-dine process, I’m surprised when candidates do not send thank-you notes.   I’ve asked my sister to be a FeministLawProf guest blogger and answer a few questions from her HR perspective.

BJC: Is the law faculty recruitment market an aberration, or are thank-you notes on the decline in corporate America, too?

MCH: Candidates are certainly writing them less frequently.

BJC: Should law faculty candidates send thank-you notes after their interviews?

MCH: Yes, absolutely.   Law faculty candidates should think of interviews not just as job trials, but as networking opportunities.   The more opportunities to connect with colleagues, the better.   A thank-you note also gives a candidate an additional opportunity to add to his/her application portfolio:     “I particularly enjoyed our conversation about the estate and gift tax consequences of powers of attorney, as it dovetails nicely with my own research in this area.   Your point about the synergies between teaching and scholarship was well taken.”

BJC: Should a faculty candidate send a thank-you note to everyone with whom she/he has interviewed?   Are the rules different for initial interviews vs. call-backs, group interviews vs. solo interviews, lateral vs. entry-level interviews?

MCH: Yes.   Just like you would say thank you to someone who passes you the carrots, or holds the door, or brings you a drink, candidates should say “thank you” to people who spent time interviewing.   Emails are OK, but each one should be customized—don’t send the same canned email to each person.     It’s also OK to send emails by interview slots:   At 9am you interviewed with Professor X — send her an email.   At 10am you interviewed with 8 people from the department.   Send one email for this interview, but address it to all of the people in the group.

BJC: Does anyone ever use a social networking site (e.g., writing on someone’s Facebook wall) to send thank-you notes?

MCH: Only idiots.

BJC:   If noone else is sending thank-you notes, won’t a candidate look silly in sending one?

MCH: Absolutely not.   A candidate will look polished and professional.

BJC: What’s your opinion of e-mail thank-you notes?

MCH: Just fine, as long as each one is composed singly.

BJC: As long as I mentioned Emily Post (our mother would be proud), any tips on stationery, ink, etc?

MCH: No kitty or puppy stationary, please.   No cards that say “Thank You” on the front.   It’s OK to type them.   If you must hand-write, plain cream or white with blue or black ink is fine.   Make sure to include your full first and last name, and to reference the date you were in for the interview and the position for which you interviewed.

BJC: Law professors are not known, as a group, for their social skills.   Maybe the likelihood of sending a thank-you note decreases with scholarly productivity.   How’s that for a theory?

MCH: Nice try, but I’m still waiting for your thank-you note for your Christmas present.

BJC:   What should a faculty member who receives a thank-you note do with it?   Send it to the Chair of the Appointments Committee?

MCH:   Read it for any further information from the candidate, and then send it along to the Chair.

BJC:   Are your tips on thank-you notes in any way gender-dependent?

MCH: Yes and no.   I find that women tend to be addressed by their first names in thank-you notes more. I recommend that all writers use the formal titles their interviewers have earned.

-Bridget Crawford with Maureen Crawford Hentz (guest blogger)

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AALS Program on Carhart!

The AALS Hot Topics Panel “Reproductive Justice After Carhart,” is scheduled for Friday, Jan. 4, from 10:30am-12:15pm.

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Happy New Year!

Hope to see many of you at the AALS soon!

–Ann Bartow

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Especially For Our Alabama Readers: A Patented Process For Turning An Electric Toothbrush Into A Vibrator

U.S. Patent No. 7,186,226 is a patent for a method of making a”massage device”out of an electric toothbrush, and includes claims pertaining to a process for removing the bristles from the head of the brush (because, ouch). The patent states that an object of the invention is to”provide a process for making a sexual massage device that is small and discrete; the appearance of most sex toys is usually very indicative of their purpose which can be embarrassing for owners and users.”And of course they are illegal in Alabama…

–Ann Bartow

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Headlines for the New Year Meme: Generation 2

Feminist Law Prof David S. Cohen encouraged feminist bloggers to compile a list of headlines for the upcoming year (see David’s initial post here).  

So here are my four headlines for the upcoming year:

Headline I’m most fearful of seeing in 2008:   Gap Between Rich and Poor Widens.

Headline I most want to see in 2008: Global Poverty Eliminated.   (David didn’t say we had to be realistic.)

Headline I most expect to see in 2008: Estate Tax Repeal?   Fuhgeddaboudit!

Headline I least expect to see in 2008: Domestic Violence Drops to All-Time Low.

David modestly claims he doesn’t know how to start an internet meme, but he did!  

I tag Ann Bartow, Caitlin Borgmann, Christine Hurt, Lolita Buckner Inniss, Sudha Setty and Nancy Rapoport (and they’ll tag 5-6 people, and so on and so on).

-Bridget Crawford

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What Lies Beneath

Her layered portrayals have won Laura Linney two Oscar nominations and a well-deserved reputation as an ‘acting machine’.   Now, as she takes on dementia and Philip Seymour Hoffman, the former special-needs teacher is forcing Hollywood to rewrite the script for fortysomething actresses.  

For more, see this review of Linney’s new film, “The Savages,” in the (UK) Observer Magazine.   I think this article reflects an important feminist issue – how Hollywood portrays women.

-Ralph Michael Stein

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Keeping Women’s Voices Out, Supposedly Liberal Dood Edition

I went to what I understand to be The American Prospect’s main page today, here.

There seem to be twelve “current” articles. As far as I can tell, ZERO were written by women. Scrolling down the page to the “recent” articles, things are better, but still, zero out of 12 of the “current” articles. Women are completely absent in the list of “most read” articles listed, which is hardly a surprise, given the numbers.

Back at the top of the page, two of the three linked blogs are written by men. There are plenty of posts by women at the third blog, “Tapped” but it hardly balances things out, in my view.

And of course there is Media Matters’ legendary gender imbalance. These ostensibly “liberal” men obviously do not think women are their equals, and they clearly do not “walk the walk.” Carol Jenkins recently noted:

I have spent nearly 40 years in the media. I began my career as a reporter at roughly the time when the US Commission on Civil Rights issued its landmark 1977 report, Window Dressing on the Set. As that study found, women and minorities at the time were mere props in our media, playing no significant part on the air or in management. Thirty years later, despite gains made through early mandated steps toward inclusion, we could write a similar report today.

According to various studies, women hold only 3 per cent of”clout”positions in the media (“The Glass Ceiling Persists,”Annenberg, 2003). Only a quarter of the newsrooms are led by women (Dates 2007, Cramer 2007, Nicholson 2007, Media Management Center), while women hold only a quarter of jobs as syndicated opinion writers at our newspapers (Estrich 2005, Pollitt 2005). Women online are facing the same fate. Across all platforms, women are missing. Women of color are the most invisible of all.

–Ann Bartow

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Bumbo Linkfest

Ready-Set-Bumbo

Ready-Set-Bumbo II

Ready-Set-Bumbo III

Bumbo Seat Warning Label Instructions

Ready-Set-Bumbo Outtakes

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“More than 50 women in this city are now pregnant with the children of couples from the United States, Taiwan, Britain and beyond. The women earn more than many would make in 15 years. But the program raises a host of uncomfortable questions that touch on morals and modern science, exploitation and globalization, and that most natural of desires: to have a family.”

That’s an excerpt from this article, entitled “World Outsources Pregnancies To India.”

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There Among The Links And Splogs…

I found this post, which made me laugh, even though I’m pretty sure offense was intended.

–Ann Bartow

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Rape as Murder of the Soul

From the December 28, 2007 edition of the New York Times, this story about Susan Xenarios, the woman who heads the Crime Victims Treatment Center at St. Luke’s-Roosevelt Hospital Center:

As director of the Crime Victims Treatment Center at St. Luke’s-Roosevelt Hospital Center, Ms. Xenarios, 61, has become a leading figure in the treatment of psychological trauma. She founded the center near Columbia University 30 years ago. Violence between strangers, lovers, husbands and wives, parents and children is no longer alien to her, she said recently in her office.

But it is rape that is extremely personal to her.

In 1974, when Ms. Xenarios was 28 and working as a city social worker, she was raped on a sunless day on a rooftop in Harlem.

It was just before Thanksgiving : she has blotted the exact date from her memory : and she was about to interview someone in the urgent case of a baby missing from Harlem Hospital Center. She said a man grabbed her in the stairwell of an apartment building and held a knife the size of a switchblade to her neck.

Fevered, frantic and spitting racial insults, the man forced Ms. Xenarios, who is white, to the rooftop. She did not scream but said to him,”You really don’t want to do this, you really don’t want to do this.”The man said he was going to throw her off the roof. He raped her.

Without explanation, the man let her live. He fled. Ms. Xenarios walked unsteadily down the stairwell and attended a previously scheduled social-work meeting at the Harlem hospital. At mid-meeting, she collapsed in grief and torment.

She was immediately taken to the emergency room. One thing she remembers is a doctor and a police detective interviewing her as she lay exposed from the waist down for a gynecological examination. The man was never caught.

“I tried to find some sense in it, and I couldn’t, and I became very angry,”Ms. Xenarios recalled of the rape and its aftermath.

She told her new husband, Giorgos Xenarios, a Greek painter she had met after living in Greece, about the rape.”A lot of my energy was focused on helping him with this because there’s enormous shame and losing face”attached to the husband of a rape victim in Mediterranean culture, she said.

It took Ms. Xenarios weeks to tell her parents, George and Mildred Preston, a bookstore manager and a homemaker in Englewood, N.J.

While her rape changed her life, it was the rape of other women that galvanized Ms. Xenarios and a wider public.

The next year, a Columbia University student was raped at knife point in her dormitory room at Hudson Hall on West 114th Street. The woman, 22, was treated at St. Luke’s and released.

The attack was the most publicized of at least seven rapes that year in the Columbia campus vicinity. To some women’s groups and other activists, the treatment of the women appeared insensitive and perfunctory.

“It caused a storm,”Ms. Xenarios recalled.”Even the old Trotskyites were talking about it.”

Ms. Xenarios and other feminists decided to organize. She and Mary Anderson, who was then the unit manager of the emergency room at St. Luke’s, organized a handful of doctors and nurses, all volunteers, into a program.”Our budget was zero,”Ms. Xenarios said.

The program was simple.”Some women talk about rape as the murder of the soul,”Ms. Xenarios said.”We wanted medical competence, psychological competence, validation that a person who was raped was still a significant human being, and above all, compassion.”

The full NY Times story is here.   Hat tip to Ralph Stein.  

I read Ms. Xenarios’s story and am struck by the senselessness of rape; her focus on supporting her husband through her own rape; and her verbalization of rape as “murder of the soul.”  

It is difficult for rape survivors to find order in the world.   Rape is never justified.   Rape undermines the victim’s sense of personal security and  control over her own body.    Some rape survivors function by disconnecting their mind from their body during the rape and long after.   But one doesn’t “get over” rape; one lives with it.   Physical trauma, emotional injury and memories blur and dull over time.   Gradually, one reaches the point at which one has lived longer as a rape survivor than someone who has never been raped.   Every voluntary post-rape sexual encounter may need to be differentiated in the survivor’s mind from the rape.    

Those who love rape survivors are affected, too.   It is not always easy to be the partner of someone whose sense of self has been damaged.   Rape effects the partner’s sexual expression, too (“Will this be ok?   What about that?   Can I ever be forceful?  What if I don’t want to move so slowly?”).   My first reaction was to scoff at Ms. Xenarios’s desire to support her husband through her rape.   But it makes sense.   Thanks to work like Ms. Xenarios’s at St. Luke’s, we now have a language of survivorship for rape victims.   But we have less language to describe what it is like to live with and love a rape survivor.

How is rape a murder of the soul?   Rape can destroy bodily integrity.   Rape can destroy a sense of self-worth.   Rape can destroy the desire to live.   Rape can destroy trust.   Rape can destroy people and families and communities.   Rape hurts everyone.

-Bridget Crawford

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