Ramachandran on Mansfield’s Manliness

Feminist Law Prof Gowri Ramachandran (Southwestern) has posted to ssrn her review of Manliness by Harvey Mansfield.   Here is a portion of the abstract:

In this book review, I provide an overview and partial critique of Harvey Mansfield’s Manliness. Contrary to what Mansfield sometimes implies, but never really commits to, feminism has been good, not bad, for society. Feminist politics has worked and continues to work a mostly wonderful revolution in the way we live our lives and choose our aspirations. In Part I, I explain what is wrong with Mansfield’s critiques of feminism, as well as with his poorly constructed argument for promoting gender-based norms in private life * * * In Part II, I move on to what is a fairer problematization of feminisms that reject gender essentialism: Rejecting gender essentialism leads to the extremely difficult question of how people with socially constructed identities are to change their social construction. I examine Simone de Beauvoir’s, Catharine MacKinnon’s, and Judith Butler’s responses to this problem. I argue that de Beauvoir’s solution – transcend gender – feels too naïve. I argue that MacKinnon’s radical feminist solution – explode gender – feels unresponsive to many women’s desires and wishes, despite its aim to accomplish this explosion through less top-down, more grassroots mechanisms. I argue that Butler’s postmodern feminist solution – embracing”gender trouble,”rather than seeking to escape gender constructions – is elegant, but has still failed to satisfy those who desire concrete implications for politics or law. * * * In Part III, I argue that there are real political implications that we can draw from the rejection of identity politics and essentialism, including gender essentialism. While anti-essentialism doesn’t tell us how to live our lives, it can tell us what kinds of legal rights to protect and construct, in order to ensure that there is room to rally against the very real suffering and injustice that social norms and identities have so often caused.

The full review is available here.

-Bridget Crawford

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Dove Using Feminism To Sell Soap…

with this commerial. Ann at Feministing notes:

…as with all of these “body-positive” Dove ads, this message is coming from a company selling beauty products. A company that wants you to believe your thighs need firming and your underarms need “fixing” so that you’ll buy their shit. A company whose parent corporation, Unilever, has pledged not to use size 0 models, but also makes products like Axe eau de asshole and skin-whitening cream. These things are hard to reconcile.

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Ken Burns’ “The War – An Intimate History” Overlooks Women

Read Heart’s post here. Read Dr. Violet Socks’ post here. And while you are at it, read Are Women Human?, about which this reviewer notes:

… A recurring theme of MacKinnon’s book is that it is extremely difficult to get violence against women taken seriously. MacKinnon’s fundamental claim is that the violence and abuse routinely inflicted on women by men is not treated with the same seriousness accorded to a human rights violation, or torture, or terrorism, or a war crime, or a crime against humanity, or an atrocity, despite resembling each of these things closely at least and precisely at most. Thus, MacKinnon asks “why the torture of women by men is not seen as torture” (p. 21); why violence against women within the borders of a state is not seen as a human rights violation; why the mass rape of Bosnian and Croatian women by Serbs is not seen as an act of genocide against those ethnic groups as such; why the mass rape of women in general in peacetime is not seen as an act of genocide against women as such; why, “women not being considered a people, there is as yet no international law against destroying the group women as such” (p. 230); why the terror imposed by the violence of male dominance is not seen as the sort of terrorism against which a government might see fit to wage war; why atrocities against women “do not count as war crimes unless a war among men is going on at the same time” (p. 261); and why, when approximately 3,000 women are killed by men in the United States each year, we refer to that state of affairs as “peacetime.”

–Ann Bartow

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CFP Reminder: October 15th Submissions Deadline for the University of Baltimore School of Law’s upcoming Feminist Legal Theory and Feminisms Conference.

Details here!

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“The U.S. Supreme Court declined Monday to hear a challenge to Alabama’s ban on the sale of sex toys, ending a nine-year legal battle and sending a warning to store owners to clean off their shelves.”

Full story here. See also. Text of dumbass Eleventh Circuit opinion that will not be reviewed here. Text of completely stupid Alabama law here. Video of Molly Ivins weighing in on similarly ridiculous Texas law here. Online source of vibrating “personal massagers” that people in Alabama desiring something “designed to relieve tension and sooth sore aching muscles” might still be able to legally purchase here. Why the Alabama government wants to impede masturbation, the one form of sex that can be enjoyed without risk of disease, unplanned pregnancy, or exploitive financial commoditization, I have no idea, but if South Carolina adopts a simliar regime the popularity of linear art glass might, uh, surge.

–Ann Bartow

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Historical Feminist Videography

A wonderful collection of clips, via Open Vault (a project of WGBH Public Television) via Dr. Bitch.

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“Abortion Controversy In Context: Protest & Policy” at the U of Buffalo’s Baldy Center on October 11 and 12, 2007

Speakers include some Feminist Law Profs and my awesome South Carolina Women’s Studies colleague Laura Woliver. Details here:

Baldy Center for Law & Social Policy and Law School Conference Center, 509 O’Brian Hall, University at Buffalo Law School

Panelists will examine movements and their political organizing around the abortion issue, the impact of the social and legal controversy on health care, including the recent efforts to cast access to safe and legal abortion in an international human rights framework, and important new constitutional developments. Organized by Lucinda Finley (Vice Provost for Faculty Affairs, University at Buffalo Law School), Athena Mutua (University at Buffalo Law School) and Martha McCluskey (University at Buffalo Law School). Please RSVP to Ellen Kausner at ekausner@buffalo.edu.

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The Confluence of Online Dating, Copyright Law and Child Pornography

All brought together in the RIAA’s legal campaign against unauthorized music downloading. From Wired.com:

Is 30-year-old Jammie Thomas of Minnesota also a Kazaa user named Tereastarr, who allegedly downloaded and shared copyrighted music?

The Recording Industry Association of America says she is, making her liable for perhaps millions of dollars in damages in the first RIAA copyright case to go to trial. The recording industry lobbying arm first adopted its zero-tolerance piracy policy and began suing thousands on infringement allegations four years ago. The bulk of the cases have settled, been dismissed or are pending.

According to testimony here Tuesday, Tereastarr is the username that Thomas uses on Match.com, on her e-mail addresses, and on web site logins. The RIAA put on compelling evidence that the Tereastarr on the Kazaa filesharing network, who allegedly shared 1,700 digital music tracks, is also Thomas, a Native American single mother of two who works as an administrator at a nearby tribe here.

The RIAA’s witnesses testified that the internet protocol address assigned to Thomas by her ISP the night of Feb. 21, 2005 was the source of the shared songs on the Kazaa network. The RIAA also put on evidence that the cable modem used that night was registered to her. Also, the username of Tereastarr was logged into Kazaa using that IP address and modem that evening, according to testimony. And the RIAA points out that Thomas had her computer hard drive replaced some time before turning it over in evidence.

“She gave that to us so our experts could inspect it,” RIAA attorney Richard Gabriel told jurors.

But will nine of 12 federal jurors, all that is needed, vote to find Thomas liable for copyright infringement and as much as nearly $4 million in fines? Regardless of all the expert testimony and the forensics, the industry cannot demonstrate that Thomas was physically at the computer that evening in question.

“Did you people actually observe defendant infringing?” defense attorney Toder asked Jennifer Pariser, Sony BMG’s anti-piracy chief, who took the stand for about 90 minutes.

Pariser did not directly answer. “It’s very clear to us …that she infringed our sound recordings,” she testified.

Tracks by Janet Jackson, Green Day, Guns ‘N Roses, Journey, Destiny’s Child, and others are at issue in the case. The industry is basing its lawsuit on 25 shared files, although Tereastarr allegedly distributed as many as 1,700 songs.

Jurors often convict perverts for downloading child porn based on the same type of forensic evidence being produced in the Thomas case here. This case might answer whether civil jurors hearing that type of evidence will find an internet user liable for copyright violations. …

Read the rest here. (Note that the defendant is also named Thomas! It’s an FLP hat trick!)

–Ann Bartow

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A Tale of Two Thomases

Yesterday a jury determined that Isiah Thomas sexually harassed Anucha Browne Sanders and that  Madison  Square  Garden management  fired Ms. Sanders in retaliation for reporting the harassment.   According to this story in the New York Times:

Mr. Thomas emerged from the courthouse and said,”I want to say it as loud as I possibly can: I am innocent; I am very innocent. I did not do the things that she accused me in the courtroom of doing.”

Patting his chest for emphasis, he added,”I am extremely disappointed that the jury did not see the facts in this case. I will appeal this.”

Coming as the verdict did on the same day as Anita Hill’s appearance on Good Morning America (previously blogged here), I couldn’t help think of the Clarence Thomas confirmation hearings.   The Clarence Thomas situation is different in many important ways from the Isiah Thomas situation.   To note just one, the former involved public hearings about alleged misconduct by a nominee to the United States Supreme Court; the latter was a lawsuit brought by an employee against her former employer.   Both situations involve accomplished African-American men who allegedly harassed accomplished African-American women.   Gender issues were at the surface.   Racial issues were folded in, minimized, ignored or  conflated by the press.

What does it mean for a prominent African-American man to be accused of sexual harassment?   Clarence Thomas called it a “high-tech lynching” for “uppity blacks.”   Years after the confirmation hearings, Anita Hill  observed,”I do not think Strom Thurmond would have embraced Clarence Thomas so readily if his accuser had been a white female”(link here).   What both Clarence Thomas and Anita Hill communicated at different times was this: the race of the accuser and the race of the accused factor in people’s assessment of a claim of sexual harassment.   For people of all colors who view black men and women as “different” from whites (remember the “down-home way of courting” explanation for Clarence Thomas’s behavior?), the jury verdict against Isiah Thomas validates those views.   For those who believe that the justice system treats black men unfairly, it validates the view that “keeping it in the family”  is more important than speaking out against sexual harassment.  

-Bridget Crawford

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Some Silly/Funny Videos

The Mom Song

Bumbo II – The Return

Wedding Horror Trailer

My Muffins

Do It Yourself Lava Lamp

The Norman Rockwell Code Trailer

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Anita Hill Speaks Again (Is Anyone Listening?)

In case you missed it, Anita Hill’s op-ed in the Sunday New York Times (available here) was powerful.   Of Thomas’s new book, My Grandfather’s Son, Hill wrote:

…I will not stand by silently and allow him, in his anger, to reinvent me.   In the portion of his book that addresses my role in the Senate hearings into his nomination, Justice Thomas offers a litany of unsubstantiated representations and outright smears that Republican senators made about me when I testified before the Judiciary Committee : that I was a”combative left-winger”who was”touchy”and prone to overreacting to”slights.”  A number of independent authors have shown those attacks to be baseless. What’s more, their reports draw on the experiences of others who were familiar with Mr. Thomas’s behavior, and who came forward after the hearings. It’s no longer my word against his.

In the op-ed, Hill also said, “Regrettably, since 1991, I have repeatedly seen this kind of character attack on women and men who complain of harassment and discrimination in the workplace. In efforts to assail their accusers’ credibility, detractors routinely diminish people’s professional contributions.”  

Hill appeared today on Good Morning America (link available here).

More news coverage here.   (Hat tip: Sharon Berger.)

-Bridget Crawford

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High court won’t review N.Y. law mandating birth-control coverage

Read Kathleen Bergin’s post here.

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“Attack of the 50ft Mikhaela”

Mikhaela Reid’s new book is reviewed here, at the f-word.

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Eye Witness Testimony

So last summer I was the victim of a crime. The police had some strong ideas about who might have done it, so I had opportunities to try to identify the perpetrator twice. Both line ups were really well done, in the sense that all six men looked a lot alike. I failed both times to identify the person the police think was responsible, although he came in “second” in my rankings. In my own defense, he wore sunglasses and a baseball hat when the crime was committed, and it happened pretty fast, so I think anyone might have had difficulties picking him out. In part I think it was my recent experience described above that caused this post to hit me like a ton of bricks.

–Ann Bartow

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And It’s Another Round Of “Let’s Mock A Woman’s Looks If We Disagree With Her Politics”

Brought to you by Sexist Supposedly Liberal Doods (the link goes here, the comments both places are typically disgusting.)

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A Cartoon About Gender and the Internet

Here. Via Dr. Socks.

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“The Wrong Kind of Privacy”

Julie Shugarman writes:

I recently received news that my friend Kelly was found dead in her single room occupancy [1] hotel in Vancouver, several days after she had died. [2]

I knew Kelly as a great force working to improve the lives of street level sex workers in Vancouver’s Downtown Eastside (DTES). Feeling far away and alone in my grief, I googled her to see whether anything had been written about her death. To my surprise, I found a handful of references to her (full name included) as a participant in a free heroin trial program, and identifying her as a woman living out of a shopping cart in Canada’s poorest postal code. I was frustrated and angry that this one-dimensional sketch of Kelly, involving incredibly private details about her life, was so accessible. My first instinct was to wonder whether she had consented to having her name published in these articles. But then a different, and rather more pressing set of questions struck me.

Why, when so few people took notice of her daily existence and suffering, when she was allowed to die almost invisibly – was it possible for me to access information about her health, [3] her poverty and her homelessness on the World Wide Web? I couldn’t shake the idea that Kelly had too much of the wrong kind of privacy.

Kelly didn’t need the state to be kept”out”. [4] She needed the state and society more broadly to be let”in”, to actively participate in her existence by recognizing her humanity and not remaining indifferent to her poverty. …

Read the rest here (footnotes included!).

–Ann Bartow

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Cheap Birth Control at Wal-Mart

From the Kaiser Family Foundation’s kaisernetwork.org, this press release:

Wal-Mart Stores on Thursday announced that it will begin selling eight additional generic drugs for $4 per 30-day prescription and several family-planning drugs for $9, USA Today reports (Appleby, USA Today, 9/28). The added medications include treatments for glaucoma, attention deficit disorder, attention deficit hyperactivity disorder, fungal infections and acne (Albright, St. Petersburg Times, 9/28). In addition, Wal-Mart will offer generic versions of the birth control drugs Ortho Cyclen and Ortho Tri-Cyclen and a fertility drug for $9 per 30-day supply.

The discount drug program, which started in September 2006, now will cover 361 prescriptions representing different formulations of 157 generic drugs (Saul, New York Times, 9/28). The new additions add about 24 prescriptions to the program (Bernstein, Long Island Newsday, 9/28).

-Bridget Crawford

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Law Professor Blogs – The First Amendment

I’m pleased to announce today’s launch of First Amendment Law Prof Blog, part of the Law Professor Blogs Network. Josie Brown of the University of South Carolina Law School joins me as co-editor.

This brings to 4 . . . count ’em, 4 . . . the number of Feminist Law Profs editing or co-editing blogs on the network. Check the others out at:

Reproductive Rights Prof Blog, Caitlin E. Borgmann (CUNY)

Sexual Orientation and the Law, Sara R. Benson (Illinois)

White Collar Crime Prof Blog, Ellen S. Podgor (Stetson)

– Kathleen A. Bergin

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Katharine Q. Seelye of the NYT Writes: “I’m writing a small column item for Monday’s Caucus blog about why more men seemed to be involved in politics online than women. I wondered if you 1) agreed with that and 2) why or why not.”

Read the responses here. Below are a couple of excerpts:

Good questions. I am a woman. Personally I post comments under fake male names to some blogs (not this one), where postings under a female name are routinely attacked in ways that I consider unfair or deceptive. Some of those blogs are interesting places, so I don’t feel that I should be avoiding them. There are so many questions to think about in this world, I feel it’s better to participate, even if I have to pose as male. I feel it would be a waste to throw all my energy into a single narrow goal like creating a woman-friendly Internet.

Posted by corinne

The rudeness and emotional rhetoric is a turn-off for me–although I do lurk a bit. In this, I think I may be not unusual for a woman interested in politics. There seem to be more men than women who ENJOY the name-calling typical of the blogosphere. For me, it poisons a discussion.

Posted by Beryl

See also: This post at The Garance

–Ann Bartow

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The Sixth Carnival of Radical Feminists

Up at Laurelin in the Rain!

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Strange is in the Eye of the Beholder

A friend went me this link because he thought it was surprising to see someone vomit on television. I thought it was far more remarkable to see the vomiter openly discuss menstrual pain on camera. Okay, you’ve been warned; click the link at your own risk.

–Ann Bartow

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CFP: Law, Poverty and Economic Inequality

CONFERENCE – LAW, POVERTY AND ECONOMIC INEQUALITY
Valparaiso University School of Law
April 3-4, 2008

The acceleration of economic globalization over the past few decades engendered initial excitement about the possibilities it could generate, but this excitement has been replaced by more cautionary sentiments, as increasingly economic inequalities and poverty have become one of globalization’s defining features.     The ravages of poverty and economic inequality are most pronounced in less affluent countries, particularly those in Africa, but also are present in the Americas, Asia, and Eastern Europe.     Even affluent northern countries like the UnitedStates have not been able to entirely avoid some of the adverse consequences of globalization, including the widespread loss of jobs, diminishing of labor rights, depressed wages, and pervasive privatization of governmental functions, leading to a concentration of economic power in the private sector and greater resulting disparities of resources.

Poverty and persistent economic inequalities have differing consequences but often overlapping impacts on a broad range of constituencies such as children, racial and ethnic minorities, indigenous communities, immigrants, refugees, women, and the elderly.

Valparaiso University School of Law will host a conference on April 3 and 4, 2008 to investigate these issues in a local and global context.     The conference hopes to raise the fundamental question about what the law and legal institutions can do to alleviate poverty and economic inequality.       The conference will explore contemporary constitutional strategies, such as the incorporation of economic, social and cultural rights in constitutions (as evidenced by the South African experience), among other formal legal strategies, in relation to grassroots anti-poverty campaigns, such as the poor people’s economic and human rights campaign in the United States and the homeless and landless people’s federation in Asia and
elsewhere.     This investigation will also examine the limitation of legal strategies in the face of entrenched economic and social structural impediments to equality.

Valparaiso is 40 miles south of Chicago, with easy access to Chicago O’Hare and Midway airports.

The accommodation costs and meals of presenters will be covered, and there is some funds available for travel. Please indicate in your abstract whether your institution will pay your travel costs, or whether you will require funding.

If you are interested in presenting a paper, please send a one-paragraph abstract by November 1, to:

Professor Penelope (Penny) Andrews
Visiting Professor of Law
Valparaiso University School of Law
656 S. Greenwich Street
Valparaiso   IN   46383
Ph: 219-465-7972
e-mail:   penelope.andrews@valpo.edu.

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Announcing the Okin-Young Award in Feminist Political Theory

From this website:

The Women and Politics and Foundations of Political Theory sections of the American Political Science Association and the Women’s Caucus for Political Science announce the Okin-Young Award in Feminist Political Theory. The award commemorates the scholarly, mentoring, and professional contributions of Susan Moller Okin and Iris Marion Young to the development of the field of feminist political theory. This annual award recognizes the best paper on feminist political theory published in an English language academic journal during the previous calendar year. Papers will be considered by self-nomination or nomination by other individuals. The award carries a cash award of $600. To be eligible, the article must have been published in 2007.

The deadline for submissions is February 15, 2008. To be considered for the award, one copy of the article should be sent to each member of the award committee by mail or electronically as a PDF attachment:

Award committee:

Professor Nancy J. Hirschmann
Department of Political Science
The University of Pennsylvania
Stiteler Hall
Philadelphia, PA 19104
njh@sas.upenn.edu

Professor Kathy Ferguson
Department of Political Science
University of Hawai’i
640 Saunders Hall
2424 Maile Way
Honolulu, HI 96822
kferguso@hawaii.edu

Professor Joanna Vecchiarelli Scott
Eastern Michigan University
1525 Harding Road
Ann Arbor, MI 48104
joanna.v.scott@gmail.com

Via Patrick S. O’Donnell, with thanks!

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Single-Minded Scholarship

From the Chronicle of Higher Education, this call from Bella DePaulo (Psychology, UCSB), Rachel F. Moran (Law, Boalt Hall) and E. Kay Trimberger (Women’s and Gender Studies, Sonoma State Univeristy) for more scholarly attention to single people:

Even some of the most enduring topics in the social sciences are likely to be refreshed by a singles perspective. For example, research on stereotyping and discrimination has looked at different racial, ethnic, and religious groups, as well at people of different ages and physical conditions or characteristics. But until very recently, it was rare to study singles as a stigmatized group. * * *

In the legal curriculum, courses as diverse as torts, property, evidence, estates and trusts, health-care law, insurance law, family law, and income taxation reflect the law’s favoring of married couples over single people. As increasing numbers of Americans become or remain single, laws and policies : and the study of them : need to reflect that social change. * * *

The changing demographics make rethinking of laws, policies, and scholarship an urgent matter. The shrinking size of the nuclear family means that adults have fewer siblings to turn to for help, and parents as they age cannot rely as heavily on their children. Government aid will become increasingly important, and it will need to be directed to individuals and the personal networks that support them, as well as to families or couples.

The full article is available here (registration required)

-Bridget Crawford

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Halloween Costume Sure To Scare Vegetarians

Trademark lawyers will be relieved to learn that it is “officially licensed.” But will that lead to more trick or treat candy, or less?

–Ann Bartow

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Still More Humorless Feminism

In gummi form.

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Words to the Wise New Feminist Law Professor

Today’s New York Lawyer carried this  opinion-piece of advice from Elizabeth Rotenberg-Schwartz, a fourth-year associate in an NYC  law firm.   Her “Words to the Wise” are “tips for newbies, including the advice she regrets not following herself.”   Most of the advice is portable to the academic world, too.   Among Ms. Rotenberg-Schwartz’s tips are:    

  • Your job is to observe and learn.
  • Work with as many different people as you can.
  • Relationships take time to build.
  • Become involved in the firm’s administration.
  • [Have good] E-mail etiquette.
  • Your reputation matters.
  • Be careful whom you trust.
  • Play nice with others.

Here are my thoughts adapting some of this advice for the new feminist law professor.

Observe and learn.   It seems to me that at least when it comes to faculty meetings, this describes a  new law professor’s job.   One piece of advice I received when starting out was, “Don’t speak in a faculty meeting unless directly asked a question, or unless the issue directly concerns a course you teach, or if the faculty is discussing entry-level hiring.”    This sounds oppressive, I know.   Do men ever get this advice?   I wonder…. In any case, variations in school culture may make this advice more or less appropriate.   Nevertheless, I think it is a sound baseline.   Senior faculty members who have been fighting about issue X for years actually don’t want to hear a new prof sound off sound on the subject (although, I will admit, new female law profs seem to do this far less frequently than new male law profs do).  

Work with as many different people as you can.   No need to take sides in long-standing faculty debates or ideological conflicts.   Seek out all of your new colleagues and get to know them.   And seek out the senior feminists.  

Relationships do take time to build.   You may or may not find a senior colleague mentor right away.   That mentor may or may not be a feminist.   Mentoring doesn’t happen overnight and it doesn’t always happen organically either.   Don’t worry.   Ask people to read drafts of your work.   If your scholarship has a feminist angle, actively seek the input of non-feminist colleagues.   We all can improve our work by taking into account as many perspectives as possible.   New female law profs, especially young female law profs, may find it difficult to establish a classroom authority or presence (as our gender requires us to earn our respect).   Ask colleagues to give you teaching suggestions.   Volunteer to read drafts of other untenured colleagues’ work (and meanwhile figure out if an “upstream” offer would be viewed at your school as presumptuous).   Let your fellow new law profs know you’ve got their backs, or at least their articles’ backs.  

E-mail etiquette.   E-mail distribution of long diatribes to “all faculty”  is the special province of tenured colleagues.   If you are a new faculty member, don’t do it.   It makes you look foolish.   If you are really, really interested in a colleague’s email about, say, the rabbit problem in the local community garden, then go talk to that colleague in person.   Figure out the e-mail  culture at your school and fit in.   My purely anecdotal and limited experience is that new female law profs are far less likely than new male law profs to assume the rest of the faculty needs to hear our thoughts.  

Become involved in school administration.   Women are accultured to say “yes” when asked to help with institutional “housekeeping,” so we need to be careful about balancing our commitments to teaching, scholarship and service.   And certainly at some schools,  scholarship is valued more than teaching and vice versa (and at many schools, teaching and scholarship always will be valued more than service).   But don’t avoid institutional service like the plague, either.   Advise student groups, show up for committee meetings and  offer to do a first draft of a needed report from time to time.   It’s a great way to get to know the issues facing your students and school.

Your reputation matters.   Funny how true this has been — for men and women —  in every place I have ever worked.   Lasting reputations get established in a matter of months.   Not that reputations can’t change or develop over time, but a reputation as a “bad” teacher, “unprepared” colleague or  someone who is “never around” can be very hard to shake.   Are women under a microscope more often than men in this regard?   I think the answer is no, but this may vary from school to school.

Be careful whom you trust.   Figure out who seem to be the “rabbis” on the faculty — the ones that colleagues of all levels of seniority seem to go to for advice.   Seek these people out  when you need advice.   Find successful female faculty members and take note of what seems to make them successful in your school.   Assume that anyone gossiping about colleague Y will gossip about you at some point (so this person may not be the one you should tell the details of what you really did last weekend).  

Play nice with others.   Treat students and staff with respect.   Don’t speak negatively about colleagues, even if “everyone else is doing it.”   Women get tagged with the “catty” label.   Men who engage in the same behavior are “trash talkers.”   “Catty” has a “petty” ring to it, whereas “talking trash” seems assertive and dominant.   Yuck to both.

-Bridget Crawford

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Suit Challenges College Decision to Admit Men

The Board of Randolph-Macon Women’s College, now Randolph College, voted last year to change its single-sex education policy and admit male students. The Virginia Supreme Court agreed to review two cases challenging the transition.

From the AP:

The first lawsuit, filed by nine students, claimed the school’s board of trustees breached its contract with students by voting to go coeducational and by adopting a new curriculum. The lawsuit sought to delay the enrollment of men until at least 2010, when currently enrolled students have graduated.

The second lawsuit was filed by seven of the nine students involved in the first lawsuit plus two donors. It claimed that under Virginia trust law, the board of trustees can’t use the college’s assets once it admits men because the school accepted donations from those who gave to the college when it was primarily for women.

Inside Higher Ed has more.

– Kathleen Bergin

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CFP: HADASSAH-BRANDEIS INSITUTE PROJECT ON GENDER, CULTURE, RELIGION AND THE LAW

UNTYING THE KNOTS; THEORIZING CONFLICTS BETWEEN GENDER EQUALITY AND RELIGIOUS LAWS, April 14-15 2008 at Brandeis University

KEYNOTE SPEAKERS: DR. SHIRIN EBADI and PROFESSOR JODY WILLIAMS, Nobel Peace Prize Laureates and founders of the Nobel Women’s Initiative

Throughout the world, conflicts between women’s equality and practices justified in terms of cultural and religious norms present pressing challenges for theorists, lawyers and policy makers. Conflicts emerge in a variety of areas, ranging from disciplining the body, to regulating the family, to establishing the parameters of national or cultural membership. The urgency of these conflicts has made them the topic of research in a number of academic disciplines. Political philosophers ask what the limits of multicultural accommodation should be. Lawyers seek to identify the extent to which the state can and should constitutionally engage with religious and cultural communities. Social scientists inquire into the sorts of interventions into discriminatory practices that might create the most pervasive and effective change. Women in religious and cultural communities around the world have been active in challenging these practices and developing innovative strategies for reconciling equality claims and valued traditional identities.

This conference will create a forum for dialogue between diverse groups working on these issues. It will be structured to facilitate discussion across disciplines and between academics, organizers and grass-roots participants. The conference will provide an occasion for scholars and activists from diverse religious and cultural communities to engage in dialogue about the challenges of reforming religious and cultural norms that discriminate against women. We hope to have contributors from nations in which religious norms are part of the state personal law regimes, those where religious norms are (at least formally) relegated to the private sphere, and those that are contemplating transitioning between these two arrangements. It will present a unique opportunity for feminists working on reform to compare notes with activists and scholars from other communities, to identify commonalities, explore differences and identify opportunities for collaboration.

Papers are invited, but not limited to, the following topical themes:
I. Placing Conflicts in Historical and Political Context

How were the political and legal frameworks within which discriminatory norms operate created? What impact do factors such as migrancy, colonialism, internal and external political struggles have on these narratives? How do they shape the possibilities for addressing inequalities? How does uncovering alternative, perhaps more egalitarian, histories effect contemporary struggles?

 Colonial policy and personal status laws
 Conflicts between orthodoxy, reformists and secularists
 The construction and maintenance of Diaspora identities
 Complex effects of multicultural accommodation
 Impact of policies of religious establishment and disestablishment

II. Identifying the Sites of conflict

In what regulatory arenas do conflicts between equality norms and religious or cultural traditions tend to emerge? Why do the family and the female body so often serve as foci for conflicts over gender and religion/culture? What is the relationship between religious and civil norms on particular issues? How do they shape, re-shape and challenge each other?

 Divorce
 Maintenance and Property Rights
 Custody
 Notions of Illegitimacy
 Forced marriages
 Recognition of polygamous marriages
 Interaction of civil and religious family law
 The role of faith-based dispute arbitration in plural law regimes
 The relationships between immigration policy and marriage practices
 Domestic violence and norms for child discipline
 Reproductive rights
 Sex education
 Contested meanings of the veil and public participation
 Female genital surgeries and other ritual alterations of the body

III. Evaluating Feminist Practice

What constitute effective interventions on behalf of women’s rights? Under what conditions can law reform be an effective strategy? What elements make law reform more or less effective? How can activists get stakeholders on side in these debates? What innovative non-legal strategies are available?

 The significance of women as interpreters of religious and cultural values Eg. Toanot Rabaniyot or Yoetzet Halacha in Judaism , Mourchidat in Islam.
 The role of religious feminist movements. How do the agendas and tactics of these groups vary from those of other feminist groups? What role is there for comparative evaluation of these efforts?
 The feasibility of creating alternative religious and cultural institutions
 Evaluating law reform from the plaintiff’s perspectives
 Developing innovative remedies eg. pre-nuptial contracts, non-legal community sanctions
 Narratives of similarities and differences between religious feminist movements
 The promises and risks of collaborations across religious and cultural divides

To submit a proposal to present at the conference, please submit at 300-word abstract (maximum) and brief vitae paragraph. Abstracts should be sent to conference chair, Dr. Lisa Fishbayn at Fishbayn@brandeis.edu. Abstracts should be received by December 1, 2007. Acknowledgement will be sent as soon as possible after receipt. Notification of decisions regarding acceptance will be sent no later than January 15, 2008.

Untying the Knots is co-sponsored by the Fanya Gottesfeld Heller Center for the Study of Jewish Women at Bar Ilan University and the Centre for Ethics in Public Life at Brandeis University.

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Anita Allen, “Face to Face With ‘It’: And Other Neglected Contexts of Health Privacy”

The abstract:

“Illness has recently emerged from the obscurity of medical treatises and private diaries to acquire something like celebrity status,”Professor David Morris astutely observes. Great plagues and epidemics throughout history have won notoriety as collective disasters; and the Western world has made curiosities of an occasional”Elephant Man,”“Wild Boy,”or pair of enterprising”Siamese Twins.”People now reveal their illnesses and medical procedures in conversation, at work and on the internet. This paper explores the reasons why, despite the celebrity of disease and a new openness about health problems, privacy and confidentiality are still values in medicine.

Downloadable here!

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Today South Carolina Celebrates “Cockfest”

Do I make this stuff up? No I do not.

–Ann Bartow

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Verizon and Abortion

Looking for a reason to switch from Verizon as your cell-phone carrier? Here’s a good one:

Saying it had the right to block”controversial or unsavory”text messages, Verizon Wireless has rejected a request from Naral Pro-Choice America, the abortion rights group, to make Verizon’s mobile network available for a text-message program.

The other leading wireless carriers have accepted the program, which allows people to sign up for text messages from Naral by sending a message to a five-digit number known as a short code.

The full story is here. Verizon is a private company apparently not covered by any particular laws on the subject, so its actions are constitutional and probably lawful. But, you can always let your wallet do the talking and switch carriers. Any carrier that thinks that the following sample message from NARAL, that people would voluntarily choose to receive, is too controversial is not worth sending your money to:

End Bush’s global gag rule against birth control for world’s poorest women! Call Congress. (202) 224-3121. Thnx! Naral Text4Choice.

– David S. Cohen

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Marriage of Fools

Fools can marry, but they cannot make a last will and testament.  To state the principle more precisely, the mental capacity required to enter into a legally binding marriage is lower than the mental capacity required to execute a valid will.  A frequently-cited case on point is Hoffman v. Kohns, 385 So. 2d 1064 (Fla. App. 1980).  In that case, Mr. Kohns, a man in his 80’s, was “frail and feeble, disoriented at times, forgetful, sometimes hostile and irate, suspicious and paranoid.” Id. at 1066.  He married his housekeeper (whom he had known for one month) on Day X. On Day X+1, the man executed a will in favor of his new wife. The District Court of Appeal of Florida, Second District, made no distinction between Mr. Kohns mental state on Day X and Day X+1.  The court upheld the trial court’s finding that the will had been procured by the wife’s undue influence, but it also ruled that the evidence “was sufficient to support the court’s conclusion that Kohns was competent to marry appellee.”  Id. at 1069.  Thus, notwithstanding the fact that the testator had the same mental state on both days, the marriage was valid but the will was not.

In my view, the law is incorrect in concluding that the mental capacity needed to marry is lower than that needed to make a will.  The decision to marry is, without question, intensely personal, but its personal nature should not in any way diminish the threshold showing of mental capacity that must be made. Marriage is a decision with significant legal consequences, especially with respect to property.  Among the legal consequences  of marriage is the creation of a surviving spouse’s right to an elective share of the decedent’s estate.  Both marital status and the provisions of a will impact what assets will be available to whom after a decedent’s death.  Absent some change in mental state, then, it is illogical to respect someone’s decision to marry on Day X and to disregard the disposition he makes in his will on Day X+1.  The mental capacity necessary to enter into a legally binding marriage should be the same as the mental capacity necessary to execute a valid will.

-Bridget Crawford

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Advice For Erwin Chemerinsky

Over at TaxProf Blog, Paul Caron is collecting blog post recommendations for the founding Dean of U.C. Irvine’s new law school. I contributed something here. Because I was given a strict 250 word limit, I didn’t mention bathroom parity but that’s important too!

–Ann Bartow

UPDATE: And from the department of good grief, maybe it’s a good thing I didn’t have enough words left for the bathroom parity issue

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Which Two States Don’t Have Any Female Judges On Their Highest Courts?

According to this article: Indiana and Idaho.

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“The C-Section Epidemic”

Sometimes FLP commenter Patrick S. O’Donnell has a post about this up at the Medical Humanities Blog. You can find articles with the same approximate headline in mainstream newspapers going back twenty years, when the rates were actually lower. This 2005 USA article reports:

The U.S. C-section rate hit another all-time high in 2004, according to preliminary government data released Tuesday.

In 2004, 29.1% of all births were C-sections, a 40% increase since 1996, the Centers for Disease Control and Prevention’s National Center for Health Statistics reported.

“I keep wondering what that breaking point is going to be,” says San Marcos, Calif., resident Tonya Jamois, president of the International Cesarean Awareness Network, an advocacy group that promotes vaginal delivery. “I’m concerned that people are going to see this almost 30% number and say, ‘OK, it’s no big deal.’ “

A 2006 CDC report containing a variety of birth related is here.

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“… The emails also revealed that MediaDefender probably was negotiating with the New York Attorney General’s office to allow them access to information about users accessing pornographic material.”

One more example of the confluence of copyright “enforcement,” pornography, and the complete absence of privacy on the Internets explained here and here.

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If You Can’t Get It There, Can You Get It Anywhere?

The Public Advocate for the City of New York issued a press release assailing the limited availability of emergency contraception in New York:

The New York City Health & Hospitals Corporation (HHC) is failing to provide New York City women with easy access to emergency contraception (EC), according to new figures released today by Public Advocate Betsy Gotbaum. Gotbaum’s office found that only 15 of 38 HHC teen health clinics had EC ready for same-day pickup. Furthermore, only one site provided an advance prescription of EC, despite an announcement made by the City in 2005 that all HHC facilities would provide these prescriptions.

The full press release is here.   The Public Advocate’s report, “Unintended Consequences: Problems with Contraception Access at City Clinics,” is here.

-Bridget Crawford

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“The First and the Forced”: Indigenous and African American Intersections

This conference took place last fall, but most of the presentations were recorded and can be watched here. Via the Oh No a WoC PhD blog.

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The Yale Pocket Part Symposium on Internet Harassment Is Up

There is an overview entitled The Pocket Part, Internet Harassment. The contributions are listed below, with short excerpts. Hey, at least they found one written by a woman they were willing to publish, goodness knows that isn’t always the case.

“Don’t Censor Search” PDF Print E-mail
When search engines lead thousands of searchers to anonymous online harassment, it may seem only natural to look for legal ways to make the harassment disappear from search results. This initially attractive idea is in fact deeply dangerous. It pressures the wrong intermediary, invites abuse by spammers and censors, and misunderstands the relationship between search engines and search users. Search-engine amplification is part of the problem of online harassment, but laws targeting search engines are the wrong solution.

“The Legal Profession, Personal Responsibility, and the Internet” PDF Print E-mail
Our law students are more tech-savvy than ever. Unfortunately, they occasionally lack sense. Some of them simply fail to realize that we:professors, bar examiners, and law firms:see material they post online. Others make a game out of being intentionally, but anonymously, offensive. To avoid further injury to the reputation of our law schools and the legal profession, we must create incentives for the former students to consider consequences, and a reasonable chance that the latter students can be”caught”:i.e., tied to their online personas. To accomplish both ends, I propose that we request, in law school and bar applications, a three-year history of online aliases and related information.

“Defusing a Google Bomb” PDF Print E-mail
AutoAdmit has its problems:racism, sexism, and bigotry quickly come to mind:but we would not care nearly as much about its more vicious content were it not for Google. In this essay, I sketch a framework for a statutory solution to the Google bomb problem derived from the notice-and-takedown provisions of theDigital Millennium Copyright Act (DMCA). The purpose of this framework is to eliminate defamatory anonymous speech from Google search results. It would require search engines to remove a Web page from their indexes when an individual notifies them that the page contains defamatory content, while allowing those who post the content to respond with counternotices or other legal action.
“Regulating Cyberbullies Through Notice-Based Liability” PDF Print E-mail
With the growth of the Internet’s uses and abuses, Internet harassment is making headlines. Given its immediacy, anonymity, and accessibility, the Internet offers an unprecedented forum for defamation and harassment. The salient problem with such”cyberbullying”is that victims are typically left without adequate recourse. The government should provide recourse by curtailing the near absolute immunity Internet Service Providers (ISPs) currently enjoy under the Communications Decency Act (CDA) and implementing a notice and take-down scheme:similar to that for copyright infringement under the Digital Millennium Copyright Act (DMCA):for certain torts.

–Ann Bartow

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Pornography, Prostitution and “Liberals”

In August of 2000 the New York Observer published an interview with Larry Flynt that also included some quotes by Dennis Hof, owner of the “Moonlite Bunny Ranch” brothel in Nevada (I’m not going to link to this establishment’s web page but you can easily find it via Google), including this one:

“Here’s what’s happened,” said Mr. Hof, who met his girlfriend, Ms. Farr, when she came to work for him at the Moonlite Bunnyranch at age 19. “We’ve had eight years of lack of prosecution of a sex industry. Who’s Bill Clinton going to prosecute with all his stuff going on? Janet Reno doesn’t want any part of that. So the film industry has gone from 1,000 films eight years ago to 10,000 last year. Ten thousand pornographic movies. You’ve got Larry and [Penthouse publisher Bob] Guccione doing things that 10 years ago you’d go to prison for. Then you’ve got all the Internet stuff–dogs, horses, 12-year-old girls, all this crazed third-world shit going on. Larry comes out lookin’ like a choirboy coming next to this stuff.”

That quote helps frame why I think this column, published just a few months later, in early 2001, is the most idiotic Op-Ed about pornography that ever appeared in The Nation. The pornographer author, Mark Cromer, first asserts:

Porn is a $10 billion industry–$4 billion of that in explicit video sales–that even has links to corporate parents like General Motors and AT&T. (Whatever collective pain and persecution the industry suffered during the Reagan and Bush the Elder years, when Bill Clinton rolled into the White House with a social agenda that did not call for the outright destruction of smut, pornographers in the San Fernando Valley–Wicked Pictures, Vivid Video, VCA and Hustler Video are the biggies–saw eight years of relative green lights and blue skies.)

But then he claims that the election of George W. Bush would lead to “kindler and gentler smut,” writing that porn companies like Hustler had adopted guidelines forbidding material depicting women who appeared to be suffering unhappiness, pain or degradation, and imposing “a prohibition of the until-now obligatory facial “money shot,” in which a male performer ejaculates on the face of the female performer.” Of course none of this has come to pass, and I seriously doubt the author ever believed that it would. I see a lot of degrading pornographic images daily, simply as a consequence of administering this blog. Yesterday, as I looked for images of water pistols to use in the teaching of a patent law case (Larami v. Amron, 27 U.S.P.Q.2d 1280 (E.D. Pa. 1993)), I got dragged to a really scary porn site which would completely and unequivocally disprove the accuracy of the pornographer’s purported predictions, to put it mildly.

A close runner up for stupidity via The Nation is this Op-Ed by Debbie Nathan, the premise of which is that by devoting resources to ending sex trafficking, human trafficking for other purposes gets less attention. Entirely evidence and data free, the author strings together an assortment of quotations to support the proposition that most “trafficked” women working as prostitutes “knew what line of work they’d be getting into and are doing it voluntarily.” She asserts that “immigrants working voluntarily as prostitutes probably far outnumber those who are coerced,” and not making distinctions based on this voluntariness “inflates the severity of the “sex slave” problem in the public mind.”

Nathan’s piece brought an emphatic response by Melissa Farley, who wrote in pertinent part:

This article was written in response to Debbie Nathan’s ‘Oversexed’ (Nation, August 29, 2005). Nathan sympathizes with those on the Left who consider prostitution to be a form of labor rather than violence against women. Nathan criticizes abolitionist feminists who think that women in prostitution deserve more in life than a condom and a cup of coffee. In fact, we feminists think that women in prostitution deserve the right NOT to prostitute. That’s what almost all women in prostitution tell us they want: to get out. …

… Over the years, Debbie Nathan has hung out with the sexual-violence-denying faction of the Left who are apologists for pornographers, pedophiles, incest perps who claim their kids have false memories, and nice johns who only use prostitutes indoors. Protesting too-stringent prosecution of child pornographers and pedophiles along with her nudist lawyer friend Lawrence Stanley (publisher of Uncommon Desires,”the voice of the politically conscious girl-love underground”who in 2002 was arrested and charged with violating Brazil’s child exploitation laws), Nathan rails against those of us who state unequivocally that children are profoundly damaged by sexual relations with adults. Nathan questions – no, not the existence, just the scientific prevalence – of sexual violence against women and children in this man’s world.

Pedophilia and ritual abuse (highly organized groups of pedophiles who make a religion out of sexually torturing children yes they really exist) are described by Nathan as a”sex abuse panic.”Public outcry against adults having sex with kids and taking pictures of that is penned by Nathan as”kiddy porn panic.”Now she writes about a”sex-slave panic.”She uses our own discomfort against us. If we’re uncomfortable at witnessing sexual violence, at the renting or buying of people for sex, our discomfort is sneered at, labeled”panic.”It’s fiendishly effective strategy that colludes with peoples’ stubborn refusal to know about the cruelty of sexual violence. Most people are relieved to avoid the painful awareness of one more instance of suffering in this world. Violence against women and children is left in place, hidden in plain sight. …

… Nathan even suggests that some women consent to being trafficked:”I’ve never met a Thai woman smuggled in for sex work who didn’t know that’s what she’d be coming here to do.” That’s pimp-speak. As in”hey girl this is a dog-eat-dog world and you got gold between your legs. You already been fucked so why not get paid for it?”Is Nathan saying that she knows what’s going to happen to her so that means she deserves what she gets? Is Nathan suggesting that we stand by and watch as she gives up her human rights?

It’s a cold, mean world for some girls but Nathan isn’t objecting. It’s not sex trafficking, it’s ‘migration for sex work.’ Nathan dismisses the overwhelming damage that comes from sucking 10 strangers’ dicks a day, from getting raped weekly, and from getting the shit beaten out of you if you don’t do whatever pimps or johns want. Nathan considers”imprisonment in a sweatshop”just as severe as trafficking for prostitution. Sweatshops are vicious but they don’t involve invasion of all your body’s orifices on a daily basis for years into the future – or having to smile and say you like it when some foul-smelling man your grandfather’s age comes on your face. Ironically, in her dogmatic refusal to notice sexual abuse anywhere, Nathan also fails to point out the fact that women and girls imprisoned in gender-stratified sweatshops are usually sexually exploited as well as having their labor exploited.

Nathan declares that feminists are tainted with guilt by association. Evangelicals and feminists. Feminists and evangelicals. If any cause is endorsed by the Right – if we agree with them on anything – then we are”in bed with them.”Object to child pornography? Oops so does the Christian Right, gotcha. Favor strong laws against prostitution and trafficking? Oops, so does George Bush, gotcha. This adolescent logic trumps carefully articulated politics based on years of evidence-gathering and analysis. …

Read the entire article here. The text of the Trafficking Victims Protection Act is here. The AG’s May 2007 report on human trafficking for fiscal year 2006 is accessible here. A short report on human trafficking by the ACLU Women’s Rights Project is available here.

–Ann Bartow

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Don Hazen, “Pornography and the End of Masculinity”

I was surprised to read the beginning of this review essay. Hazen writes:

In his new book, Robert Jensen forces the reader to face the music about the effects of a porn industry gone gonzo, and the need to reassess the trappings of masculinity as the source of increased violence against and degradation of women.

I have always been part of the collective liberal progressive libertarian value system that accepts pornography as a legitimate expression of the first amendment. Part of that thinking is that women participate in porn films of their own free will, and the porn often represents fantasies — though sometimes quasi-violent or degrading — that people actually have. So as long as people are merely acting in porn films, and there is no coercion, or law-breaking, it is acceptable.

But I’ve changed my mind. No, I’m not a prude, or anti-sex. Nor do I think there should be a national campaign to snuff out all porn. In fact, I sometimes watch certain kinds of porn. But what has become clear to me is that, under the guise of the first amendment, a huge and powerful porn industrial complex has grown out of control. And a big part of its growth is fueled, not just by the Internet, but by continually upping the ante, increasing the extremes of degradation for the women in tens of thousands of films made every year. I am convinced, although it is, of course, difficult to document, that the huge audiences for porn and the pervasiveness of the themes and behaviors of degradation are having a negative impact on the way men behave and the way society treats women.

Read the entire piece, which includes an excerpt from Jensen’s new book, here. I applaud Hazen for keeping an open mind about the book.

–Ann Bartow

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You Might Be A Feminist If…

Well this post sure beats a Jeff Foxworthy rant!

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Naomi Wolf on “The End of America …”

Naomi Wolf recently appeared on The Colbert Report to promote her new book, The End of America: A Letter of Warning to A Young Patriot.

The book’s publisher asserts:

In The End of America, Wolf gives voice to the cause of every American patriot: the preservation of the Constitution and the liberties it embodies and protects.

“Recent history has profound lessons for us in the U.S. today about how fascist, totalitarian, and other repressive leaders seize and maintain power, especially in what were once democracies. The secret is that these leaders all tend to take very similar, parallel steps. The Founders of this nation were so deeply familiar with tyranny and the habits and practices of tyrants that they set up our checks and balances precisely out of fear of what is unfolding today. We are seeing these same kinds of tactics now closing down freedoms in America, turning our nation into something that in the near future could be quite other than the open society in which we grew up and learned to love liberty,” stated Wolf.

–Ann Bartow

Update: Wolf had an Op-Ed in The Guardian back in April.

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Protecting Women Wasn’t Enough, But Now That There Is Evidence That Men Can Benefit Directly, Males May Begin Receiving HPV Vaccination

There is already evidence that HPV prevention would benefit gay men. The story posted here reports:

The human papillomavirus (HPV) has been implicated as a cause of cervical cancer in women, but there’s another devastating form of cancer also linked to HPV infection : head and neck cancer : and almost no one is talking about it.

“Right now I think the public and most physicians have no idea that HPV relates to head and neck cancer,”said Dell Yarbrough, M.D., Vanderbilt-Ingram Cancer Center surgical oncologist.”In cancers of the oropharynx, which includes the tonsils, the base of the tongue, and part of the throat, about half of those tumors are HPV-positive. In the oral cavity, between 10 and 15 percent of tumors test positive for HPV, although here at Vanderbilt-Ingram we’re seeing up to 20 percent.”

HPV is one of the most common sexually transmitted diseases in the world. The Centers for Disease Control and Prevention (CDC) estimates nearly 6.2 million new genital HPV cases occur in the United States each year. Now researchers have documented a rise in some types of head and neck cancer related to HPV, especially cancer in the tonsils. The spike in tonsillar cancer coincides with reported changes in sexual habits among young people, including earlier age of sexual activity and an increase in oral sex. …

… There are more than 100 subtypes of HPV. Types 16 and 18 usually are implicated in cervical cancer.

Those are the same subtypes often found in HPV-positive head and neck cancers. Gardasil : a new vaccine approved last year : is effective against those HPV subtypes but the vaccine is only approved for use in girls and women ages 9 to 26.

The discovery of a link between the virus and head and neck cancer raises the possibility of vaccinating young men.

“I think it’s reasonable to think about vaccinating both young men and women because of the risk of head and neck cancer,”Yarbrough said.

See also, and see also also. Read this too, via the Reproductive Rights Prof Blog.

–Ann Bartow

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“The Women Behind the Men” Are Still In The Background

That’s the title of Gail Collins’ column in today’s NYT, in which she describes the ways that women active in the civil rights movement were treated like second class citizens by men who were working for equality. Here is an excerpt:

… The women of the civil rights movement who are most celebrated tend to be the brave victims, like Rosa Parks, who dutifully played the simple seamstress too tired to give up her seat on the bus, even though she had in fact been an activist for longer than almost any of the men. Still, in her autobiography she remembered that March on Washington and noted that these days”women wouldn’t stand for being kept so much in the background.”

The women who men were less enthusiastic about were the ones who led. Martin Luther King Jr.’s first triumph as the public face of the Montgomery bus boycott was possible because a group of middle-class black women led by a college teacher, Jo Ann Robinson, had organized it. They had been preparing for the opportunity so long that when Rosa Parks went to jail, they had 35,000 fliers ready the next morning, to deliver to black households through their children at school. Yet now they have practically vanished from our history.

You do not have to dismiss the men to believe that Ella Baker was the greatest organizer the civil rights movement ever knew. When she was passed over for the directorate of King’s Southern Christian Leadership Conference, which she helped found and ran as acting director, she attributed the rejection to the fact that”I was female; I was old. I didn’t have a Ph.D.”Then she went right on organizing, guiding the black college students into forming the Student Nonviolent Coordinating Committee, which she would direct throughout its glory years as adviser and unpaid spiritual leader. …

The strange part of the column is the very end, where after listing all the women who did not get credit for their contributions, Collins abruptly closes the piece by writing: “You watch the reports from Jena this week and you wonder where women like Bates and Baker and Robinson would be if they were alive today. Wherever it was, it would be at the front of the parade.” Oh, really? Is anyone else under the impression that women in the civil right movement are now at the front of the parade? Because I’m not seeing it. The coverage I’ve seen features Jesse Jackson, Al Sharpton, and local organizers like Alan Bean (see e.g.). There are plenty of women in the protest photographs, but I don’t see too many getting a chance at the microphone.

–Ann Bartow

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When a Man is a “Bitch”

Isiah Thomas may or may not have called a particular female colleague a”bitch.”   That’s for a jury to decide.   But based on my own work experience, I wouldn’t be surprised if he did.   Or if he didn’t, someone else did.   Or someone called a different colleague a”bitch.”   Why?   Because derogatory words –”bitch”is the least of them –   are used routinely to describe women as well as men who lack power, prestige, connections or authority.   Sexual harassment laws may have reduced overt discrimination, but lots of it has been driven underground, into hallways, conference rooms and supposedly private e-mail conversations.   Ugly workplace conversations happen all the time.   Here are two examples drawn from personal experience.  

Scenario 1:   Male Lawyer A describes Male Lawyer B as the”bitch”of Male Lawyer C.    

Scenario 2:   Male Employee D says that Male Employee E is not particularly talented, but will get promoted anyway because E is the”butt boy”of powerful Male Employee F.  

Do I think that these workplaces were exceptions to the norm?   Sadly, no.   Might these workplaces have been more (or less) sexist and homophobic than other workplaces?   Sure.   But I do not believe they were unique.  

For A to say that B is C’s”bitch”is to say that B is, in short, like a woman.   (Ann previously blogged about this usage of the term here.)   If B is C’s “bitch,” then B is subordinate to and dominated by C, the typical female position in which no self-respecting man would want to find himself.    â€œBitch”is rarely used this way to describe a woman.   To call a female lawyer the”bitch”of a senior male lawyer would be redundant.   The workplace already knows her status by virtue of her gender.   When”bitch”is used to describe a woman, it is usually in reference to female lawyers of a certain age – those old enough to be in first wave of women to achieve partnership in the large law firms – who now”act like men”in assigning work to junior lawyers  or in failing to mentor young women, or female lawyers of any age who fail to exhibit sufficient levels of”feminine”qualities such as sympathy, understanding and deference.

I am told by men that being a superior’s”bitch”is”better”(read: less insulting) than being a”butt boy.”   Because to be a butt boy is to be homosexual.   Being subordinated and dominated is bad, but being passive (no”power bottoms”here) and”taking it”(we know where) is even worse.

-Bridget Crawford

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The 10th Circuit dismissed an appeal of a federal judge’s decision that health care providers and others are not required under Kansas law to report underage sex between consenting adolescents.

Story here. Press release from the Center for Reproductive Rights here.

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Posted in Reproductive Rights | Comments Off on The 10th Circuit dismissed an appeal of a federal judge’s decision that health care providers and others are not required under Kansas law to report underage sex between consenting adolescents.

Nicola Lacey, “From Moll Flanders to Tess of the D’Urbervilles: Women, Automony and Criminal Responsibility in Eighteenth and Nineteenth Century England”

The abstract:

In the early 18th Century, Daniel Defoe found it natural to write a novel whose heroine was a sexually adventurous, socially marginal property offender. Only half a century later, this would have been next to unthinkable. In this paper, the disappearance of Moll Flanders, and her supercession in the annals of literary female offenders by heroines like Tess of the d’Urbervilles, serves as a metaphor for fundamental changes in ideas of selfhood, gender and social order in 18th and 19th Century England. Drawing on law, literature, philosophy and social history, I argue that these broad changes underpinned a radical shift in mechanisms of responsibility-attribution, with decisive implications for the criminalisation of women. I focus in particular on the question of how the treatment and understanding of female criminality was changing during the era which saw the construction of the main building blocks of the modern criminal process, and of how these understandings related in turn to broader ideas about gender, social order and individual agency.

Downloadable here. Via the Legal History Blog.

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Posted in Feminism and Law, Feminist Legal History | Comments Off on Nicola Lacey, “From Moll Flanders to Tess of the D’Urbervilles: Women, Automony and Criminal Responsibility in Eighteenth and Nineteenth Century England”