Infanti on Deconstructing the Duty to the Tax System

Feminist Law Prof Anthony C. Infanti (Pittsburgh) has posted to ssrn his article “Deconstructing the Duty to the Tax System: Unfettering Zealous Advocacy on Behalf of Lesbian and Gay Taxpayers.”   Here is the abstract:

In this article, I consider how the tax lawyer’s generally-acknowledged duty to the tax system should be applied in the representation of lesbian and gay clients. Due to the significant initial advantages that taxpayers are thought to have over the government in the tax compliance and enforcement process, this duty to the tax system requires a tax lawyer to avoid both questionable positions and the temptation to play the audit”lottery.”The tax lawyer is asked to temper the zealousness of her advocacy in this way in order to preserve the integrity and, ultimately, the proper functioning of the tax system.

For lesbian and gay taxpayers, however, the realities of the tax compliance and enforcement process starkly contrast with the conventional picture. Lesbians and gay men are in the unique position of being the only group that is the object of both overt and covert invidious discrimination in the application of the tax laws. Thus, if a tax lawyer were to temper her advice to lesbian and gay clients in accordance with the conventional conceptualization of the duty to the tax system, she would risk compounding the effects of this discrimination and doing serious harm to her clients.

The purpose of this article is to open the necessary ethical space for crafting an alternative view of the duty to the tax system – one that better suits the representation of lesbian and gay clients. The alternative view that I lay out descries a duty to the tax system that exists in harmony with, rather than opposition to, the duty of zealous advocacy. This alternative view allows a tax lawyer simultaneously to protect her lesbian and gay clients from harm and to discharge her obligation to safeguard the integrity of the tax system.

The full article is available here.   For anyone interested in a vibrant application of critical theory to a “traditional” field like tax, Infanti’s work is among the finest examples.   And, yes, I’d say the same even if he weren’t in the FLP blogroll.

-Bridget Crawford

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Redefining “Peace” To Include Women

From Our Bodies Our Blog:

Global Peace Index Fails to Account for Violence Against Women and Children: Describing the Global Peace Index, a ranking of countries according to their level of peacefulness published by the Economist Intelligence Unit, Riane Eisler, author of “The Real Wealth of Nations,” writes in the Christian Science Monitor: “Sensibly, its basic premise is that ‘peace isn’t just the absence of war; it’s the absence of violence.’ The index uses 24 indicators such as how many soldiers are killed, the level of violent crimes, and relations with neighboring countries. Yet it fails to include the most prevalent form of global violence: violence against women and children, often in their own families. To put it mildly, this blind spot makes the index very inaccurate.”

The omission prompted a moving response from Feminist Peace Network.

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Carnivals!

Carnival of Feminists No. 43 at Femtique

Carnival Against Sexual Violence at Abyss2hope

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“A decline in women’s use of hormone therapy, not any drop in mammography-linked detection, is likely responsible for the recent U.S. drop in breast cancers, says new research.”

Yahoo News story here.

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10th Circuit Victory for Same-Sex Parents of Adopted Children

Earlier this month, the 10th Circuit upheld a lower court’s ruling striking down an Oklahoma statute, the Adoption Invalidation Law, that effectively made children adopted by same-sex couples in other states legal orphans when the families were in Oklahoma. The law prevented police, health officials, and child welfare officials from recognizing these families. Moreover, it provided no protection for the children of invalidated adoptions. Lambda Legal had fought to overturn the law on behalf of three families, including two women who will now be able to amend their daughter’s birth certificate to reflect both rather than just one of their names.

Finsteun v. Edmonson, No. 06-6213, No. 06-6216, 2007 U.S. App. Lexis 18500 (W.D. Okla., Aug. 3, 2007).

-Dennis J. Ventry, Jr.

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Hair, Race, Politics, Law

Good grief! Via Feministing.

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Does Your Law School Have A Lactation Room?

American University’s Washington College of Law does. The Pence Law Library created a new service for its female students/mothers. One of its new study rooms has been designated as the “Lactation Room”. Following a trend of University Libraries across the country, Pence Law Library created the temporary “service” last spring. The use and appreciation for the service was overwhelming. There were many students who had to leave campus, run home, and then make their way back for classes and studies. The library provides only a convenient space, but the community is thrilled.

–Billie Jo Kaufman

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POSITION ANNOUNCEMENT: Director, Center for the Study of Women in Society (CSWS) and Associate or Full Professor at the U of Oregon

Position: Director for the Center for the Study of Women in Society and tenured associate or full professor. Three-year renewable appointment as CSWS Director beginning as early as September 2008. The Director’s academic appointment will be .5 FTE in CSWS and .5 FTE in an appropriate department, program, and/or college. See http://csws.uoregon.edu/home/intro.shtml for full description of CSWS, a multidisciplinary research center that generates, supports, and disseminates research on women and gender. As CSWS Director, the successful applicant will administer Center activities in these three areas and pursue an active research agenda. The CSWS Director works closely with an interdisciplinary Executive Committee and 3-5 Center staff. CSWS is supported by an endowment and by funds generated through grants and fundraising and has an annual operating budget of about $600,000.

To date, a list of potential academic tenure-home units includes anthropology; art history; arts and administration; counseling psychology; English, ethnic studies; geography; Germanic languages and literatures;history; journalism; law; planning, public policy, and management; political science, psychology; sociology; women’s and gender studies. Qualifications: Ph.D. or appropriate terminal degree for your discipline (such as J.D., Ed.D.); evidence of excellence in research and teaching on women and gender; familiarity with the breadth of feminist scholarship and theory; demonstrable appreciation of interdisciplinary scholarship, of interconnections among gender, race, class, ethnicity, and sexual identity, and of the internationalization of gender research. Significant administrative experience, and/or record of securing support for academic research or programs inside or outside academia preferred.

Applicants should include a letter describing relevant research, teaching, administrative, and funding experience as well as future plans in these areas; curriculum vitae; copies of significant publications; evidence of teaching excellence; names of three people who could provide letters of reference.

Send materials to: CSWS Director Search, 340 Hendricks Hall, University of Oregon, Eugene OR 97403-1201
Review of materials will begin September 24, 2007. Search will remain open until a successful candidate is chosen. Candidates who promote and enhance diversity are strongly desired.

–Caroline Forell
Clayton R. Hess Professor of Law, University of Oregon School of Law: cforell@uoregon.edu

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Student’s ‘Consensual’ Sex With Teacher Deemed Actionable Under Title IX

Full account at the Title IX Blog.

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Krishna Ravi Srinivas, “Intellectual Property Rights and Traditional Knowledge: The Case of Yoga”

Here is the abstract:

Intellectual Property Rights (IPRs) related to traditional knowledge (TK) have been controversial and there has been accusations of bio-piracy and unauthorized appropriation of TK in the form of patents etc. There were reports that patents on Yoga had been granted by U.S. PTO and this was later denied. Patents on accessories, devices that enable practice and teaching of Yoga have been granted. Similarly there many trademarks related to Yoga have been granted. The copyright claims of the founder of Bikram Yoga have been controversial and the cases on these copyright claims have been settled out of court. Yoga with origins in India has become part of global consumer culture and has been transformed into what is called as ‘transnational yoga’. Hence it has many meanings in different contexts. This article addresses the controversies and discusses the complexities involved in intellectual property rights related to Yoga.

Download it here! Via the terrific Larry Solum.

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There Is Nothing Rebellious Or Countercultural About Being “Pro-Porn”

From a NYT article entitled “Federal Effort on Web Obscenity Shows Few Results” we learn about a Justice Department grant to a conservative religious group called “Morality in Media” that pays people to review “sexual Web sites and other Internet traffic to see whether they qualify as obscene material whose purveyors should be prosecuted by the Justice Department.” The article notes:

… The grant, about $150,000 a year, has helped pay for Mr. Rogers and another retired law enforcement officer in Reno, Nev., to harvest and review complaints about obscene matter on the Internet that citizens register on the Justice Department Web site.

In the last few years, 67,000 citizens’ complaints have been deemed legitimate under the program and passed on to the Justice Department and federal prosecutors.

The number of prosecutions resulting from those referrals is zero. …

The article further reports: “In the seven years of the Bush administration, the department has prosecuted about 24 obscenity cases, several centered on film producers who failed to keep proper records showing that their models were not minors.” As I argued here, conservatives like to pretend they energetically oppose pornography, while liberals like to pretend that porn is under attack. Neither is true, but the respective heuristics are so useful to partisans that no one wants to pay attention to what is actually occuring, which in my opinion is that porn has become socially nomalized so effectively that the industry and its output is less subject scritiny and criticism than McDonald’s commercials. The Playboy corporation adorns household goods and children’s toys with its bunny logo and observers talk about how mild and innocent the naked photos in the company’s magazine are, willfully ignoring the fact that Playboy’s main source of revenue is via the production and distribution of hardcore pornography.

Social conservatives love to use soundbites about the evils of pornography to pretend to be moral and decent. Liberals use soundbites about the evils of censorship of pornography to pretend to be hip and protective of individual freedoms. Yet unless it is child pornography that is at issue, few people want to address the nexus between sex trafficking and the economic, emotional and physical coercion that mires women who don’t want to be there in prostitution and pornography. So much for decency as a conservative value or freedom as a liberal one.

–Ann Bartow

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“Judge scolds trooper for way he treats women”

From the (Raleigh NC) News & Observer:

A Superior Court judge rebuked a state trooper Wednesday for targeting young, female drivers in his traffic stops.

Scott M. Harrison was often the lone trooper patrolling Wake County overnight. One woman testified in a Superior Court hearing that Harrison pulled her over and started talking about dating.

“I felt it was very forward behavior,” said Magan Parker, 26, a trauma nurse.

Harrison asked her where she went out and why nurses date doctors. He then told her that troopers often date nurses, Parker said. The trooper also told her that he didn’t want her to be angry about the traffic stop if she happened to see him at a bar, she testified.

“Mr. Harrison’s conduct, as it relates to her, was certainly unacceptable,” said Superior Court Judge Donald W. Stephens. “If he had some pattern as to that conduct, he certainly is not trooper material.”

Half the people Harrison arrested on drunken driving charges in 2006 were women, a far higher rate than that of other officers. …

Via Sally Greene at Greenespace.

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Are You An Othered Feminist?

Twisty deconstructs that Are You A Feminist? Quiz making the rounds in two parts:

Are You A Fake Feminist?   and “My PMS Disaster Level”: High

I particularly liked this excerpt from the post at the first link:

… Where did I go wrong? Well, I’ll tell you. I flunked because I’m a feminist. See, the quiz is predicated on cultural constructs that are antithetical to the Twistolution, so the questions are framed so that the quizee has to accept certain patriarchal precepts in order to give the proper ‘feminist’ response. For instance, I had no choice but to check ‘strongly disagree’ on this one:

Men and women should be held to the same sexual standards. If men can sleep around without judgment, women should be able to as well.

To the eyes of the novice blamer, this fun-feminist declaration of empowerfulness might fly under the radar, but to the watery red eyes of the spinster aunt, the antifeminist subtext is clear: the statement presupposes that ‘sexual standards’ is a kind of cosmic constant, and that at least some people should be held to them. But of course the default ‘sexual standard’ to which the statement alludes is the male fuck-anything-that-moves model; the underlying theme is that ‘feminists’ should fight for their right to awesome X-treme boinking. The quizling is not allowed to express, for example,”women’s sexuality should cease to be defined in terms of male sexuality, you fucking knobs.”

–Ann Bartow

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Hofstra Law School Announces Dean’s Search

From the FLP mailbox:

Hofstra University School of Law invites applications and nominations for DEAN OF THE LAW SCHOOL

Founded in 1970, the School of Law has a history of innovation, scholarship, and excellence in legal education, as demonstrated by its leadership in areas such as international law, child advocacy, legal ethics, and clinical instruction. It was one of the first law schools to recognize the growing importance of international law in all areas of scholarship and practice, as demonstrated by its ground-breaking inclusion of Transnational Law in the first-year curriculum. As also one of the first schools in the country to adopt clinical education, it has served for many years as the regional center for the National Institute for Trial Advocacy and provides students with a transformative education in which litigation and transactional skills are integrated into their studies. This dedication to a complete education is further illustrated by the law school’s nationally recognized clinics in areas that range from child advocacy to political asylum.

Hofstra Law School, which is fully accredited, has a student body of more than 1,200 students, an alumni base of nearly 9,000 members and a distinguished faculty of over 50 full-time members including many scholars recognized as national and international experts in their fields. The academic environment is rounded out by Hofstra’s research institutes and centers and four academic journals published by Hofstra Law students.

Located on Hofstra University’s 240-acre Long Island campus in Hempstead, New York, the Law School’s connection to excellent business and communication schools, as well as to other university departments, provides the legal community with exciting interdisciplinary opportunities.

The successful candidate will be an innovative administrator with experience and demonstrable success in leadership and management roles. He/she has a record of accomplishment and experience in many of the following areas: legal education, legal scholarship, the practice of law, administration and fund raising and development. A Juris Doctorate is required.

Screening will begin immediately and continue to the time of selection. Applications should include a current curriculum vitae and a detailed letter discussing the candidate’s qualifications. Please visit the Hofstra School of Law Web site at http://law.hofstra.edu/ for additional information. Please direct applications and nominations to: Hofstra University School of Law Dean Search, Heidrick & Struggles, Inc., Attn: Nathaniel J. Sutton, 245 Park Avenue, Suite 4300, New York, NY 10167; Phone: 212-867-9876; Fax: 212-867-3219; E-mail: hofstralaw@heidrick.com

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Because Women Need Feminine Earplugs?

Cripes. Via Shakespeare’s Sister.

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“When Amber Met Amber”

Read about artist Amber Hawk Swanson’s video To Have, To Hold, To Violate: The Making of Amber Doll, and related projects, here.

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Symbolism

Writing, as I do, about how the tax laws adversely impact same-sex couples, I often come up against the entirely misguided argument that same-sex couples should be happy with their current treatment under the federal tax laws:that is, mandatory treatment as separate,”single”filers:because they avoid, among other disadvantages, the marriage”penalty”that applies to two-earner different-sex married couples. In addition to stereotypes about the economic status of lesbians and gay men, this argument is based on what I like to call the”myth of quantification”:the notion that all that counts in tax are those things to which you can assign a numerical value. In the case of same-sex couples, this often results in an undue focus on the bottom line amount of tax that they pay.But there is far more to the taxation of same-sex couples than the actual amount of tax that they pay. Taxation can also have important symbolic, psychological, and other intangible effects on same-sex couples. Indeed, a recent case decided by the New Jersey courts nicely illustrates the symbolic effects of how we choose to tax same-sex couples.

A lesbian couple from New Jersey who had married in Canada several years ago and later registered as domestic partners were automatically treated as parties to a civil union when New Jersey’s civil union law went into effect on February 19, 2007. They requested guidance from the New Jersey tax authorities regarding whether they would be able to file a joint tax return for the 2006 tax year, given that (1) the New Jersey Supreme Court decision that gave rise to the state’s civil union law (Lewis v. Harris, 188 N.J.)) was decided before the end of that year and (2) the decision in Lewis v. Harris recognized the state constitutional right of same-sex couples to all of the benefits and obligations of marriage. The state tax authorities indicated that the couple could file a joint tax return for 2007 and future taxable years:that is, for taxable years ending after the effective date of the civil union law:but not for 2006 or past years when the civil union law was not yet in effect.

Interestingly, the couple made this request even though they would pay $411 more in tax if they were to file jointly than they would pay if they were to file separately. In other words, they were willing to pay the price of the marriage penalty in exchange for the symbolism associated with filing a joint tax return. Ultimately, however, the Appellate Division of the New Jersey Superior Court upheld the state tax authorities’ decision. The court found this decision to be consistent with language in the Lewis v. Harris decision that recognized that extending the benefits and obligations of marriage to same-sex couples could not be accomplished overnight.

A copy of the decision in this case, Quarto v. Adams, can be found here.

-Anthony C. Infanti

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Erasing History

The Philadelphia School District last year designated October as Gay and Lesbian History Month. After receiving a barrage of complaints, the school district decided at the end of last week to do away with Gay and Lesbian History Month. To remain balanced, the school district has decided also to do away with African American History Month, Hispanic Heritage Month, and other history months. The school district claims that this move will have no effect on the actual programming in the schools; however, skeptics rightfully point out that teachers may suspect that the district will be less than supportive should they decide to organize an event concerning lesbian and gay history.

It is truly sad when an educational institution decides that is too controversial to teach their students about history:including the contributions that lesbians, gays, African Americans, Hispanics, women, and other groups have made despite long histories of oppression. How are we ever to learn from our past mistakes if we cannot even acknowledge that they occurred? Unfortunately, those in charge of the Philadelphia School District appear to have missed this lesson of history.

For the Philadelphia Inquirer story, click here.

-Anthony C. Infanti

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Asterisk Those Sex Surveys

This article, run in the New York Times on Sunday, addresses the stereotype of heterosexual men being more sexually active than heterosexual women — basically, every self-reporting survey conducted on the topic indicates that men are significantly more sexually active. But a math professor at Berkeley points out the obvious — umm, if they’re all having heterosexual sex, it’s not possible for men to be, on average, more active than women. The article is a fun read, and makes you think that they really ought to put an asterisk on those survey findings, and take into account that the surveys might reflect gender stereotypes more than anything else.

– Sudha Setty

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Lillian Robinson Scholars Program – Concordia University (Montreal)

From the FLP Mailbox:

The Simone de Beauvoir Institute of Concordia University has created the Lillian Robinson Scholars program as a living memorial to Lillian S. Robinson, the late Principal of the Institute. The program provides two (2) different awards each year to help offset travel, living and research expenses for scholars in residence at the Simone de Beauvoir Institute.

The first award, in the amount of 5000$, is designed primarily for scholars with a significant track record of academic publications and contributions. Such an award may be used, for example, to provide additional support to scholars on sabbatical or leave who are interested in spending a month or two in Montréal.

The second award is in the amount of 1000$. It is designed to grant support to scholars, especially at the junior level, who are planning short-term visits to Montreal for writing and research.

Applicants for residencies under the Lillian Robinson Scholars program must be pursuing scholarship with a feminist orientation, although applications are accepted for work in any field(s) of inquiry. Applicants must have PhDs in hand, but need not be employed academics. Scholars have access during their residency to office space, a computer, the Institute Reading Room, and the University Libraries, plus the Institute’s community of feminist intellectuals and activists. They are expected to take an active role in Institute life, and to present their work in a public forum while in residence. Please note that priority will be given to scholars for residencies during the regular academic year (September – April). Checks are issued to scholars upon arrival at the Institute.

More information  on the program is  here.   The deadline is August 31, 2007.

-Bridget Crawford

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The Sex History Show

Podcasts “dedicated to uncovering how sex has shaped our history and our present.” Via the f-word where Jess McCabe notes: “Recent topics include the history of miscegenation in the US, and investigates who first coined”gay”words. Like, um,”gay”.”

–Ann Bartow

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Slut Spurt

childrensstore.jpg

Something is lost in translation in this photo of a children’s store in Copenhagen by feminist poli sci prof Debbie Halbert.

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What Does Ethan Leib’s Essay “A Man’s Right To Choose (An Abortion)” Mean?

Click here to read Ethan Leib’s”A Man’s Right To Choose (An Abortion?)” Here is the abstract:

This article attempts to argue – contra Danforth and Casey – for a man’s right to participate in the abortion decision and provides some legal mechanisms to implement such a right.

He and I are debating aspects of this brief piece in the comments here. Feel free to contribute to the discussion via comments here or e-mail.

–Ann Bartow

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How People of Privilege View the Future

The newest issue of BusinessWeek reports the results of a survey of U.S. executives’ attitudes about the future.   Two factoids caught my eye:

83% of men and 77% of women agree that it will be “easier for women to get ahead in business” 10 years from now;

81% of whites and 68% of “non-whites” agree that it will be “easier for racial and ethnic minorities to get ahead in business” 10 years from now.

These data suggest that people who are race- and/or gender-privileged have a more sanguine view of how easy it is to “get ahead”  than do those without such privilege.   And those binary categories (male/female, white/non-white) lend themselves to simple pie charts and easy reporting, but segmented survey results would yield more interesting data.

A short summary of the article is on BusinessWeek’s website here  (but registration required to access the full article).

-Bridget Crawford

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Proprietary Digital Sex

From the AP:

Kevin Alderman…[a] 46-year-old entrepreneur recognized four years ago that people would pay to equip their online selves — which start out with the smooth anatomy of a Barbie or Ken doll — with realistic genitalia and even more to add some sexy moves.

Business at Eros LLC has been brisk. One of his creations, the SexGen Platinum, has gotten so popular that he’s now had to hire lawyers to track down the flesh-and-blood person behind the online identity, or avatar, that he says illegally copied and sold it.

The $45 SexGen animates amorous avatars in erotic positions. It is software code, written in the scripting language of “Second Life” and placed in virtual furniture and other objects. Avatars click on the object and choose from a menu of animated sex acts.

Alderman filed a civil lawsuit in U.S. District Court in Tampa, Fla., last month alleging an avatar named “Volkov Catteneo” broke the program’s copy protection and sold unauthorized copies. Alderman, who runs his business from home in a Tampa suburb, allows users to transfer his products, but prohibits copying.

“We confronted him about it and his basic response was, ‘What are you going to do? Sue me?'” Alderman said. “I guess the mentality is that because you’re an avatar … that you are untouchable. The purpose of this suit is not only to protect our income and our product, but also to show, yes, you can be prosecuted and brought to justice.”

The full article is here.

-Bridget Crawford

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“Being A Chick On YouTube”

Perhaps not a feminist analysis per se, but interesting and worthwhile to watch.

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AT&T Will Censor Internet Content, So The Government Doesn’t Have To!

The LA Times reports that AT&T censored a performance by Pearl Jam, in an article that notes:

In a prominent nod to one of the festival’s lead sponsors, the logo for this year’s Lollapalooza concerts in Chicago includes the tag line, “delivered by AT&T.” But Sunday’s headliner Pearl Jam complained that AT&T delivered less than the band’s full performance during its Lollapalooza webcast. The powerhouse telco turned off the audio during the song “Daughter” while singer Eddie Vedder was railing against President George Bush. That bit of censorship — which AT&T says was a mistake — gave a bit of fuel to the forces arguing for “Net neutrality” regulations. …

… Advocates of Net neutrality rules quickly seized on the incident as justification for requiring high-speed Internet access providers to provide a level playing field for content and services online. AT&T, one of the country’s largest broadband suppliers, is one of the loudest opponents of such rules.

“The admitted censoring of a Pearl Jam performance is just one more reason why content should be protected against the actions of a company looking out for itself, rather than for consumers and the free flow of information over the Internet,” said Gigi Sohn, president of Public Knowledge. “We join Pearl Jam in condemning censorship and in promoting Internet Freedom. We hope the FCC and Congress take note.”

Added Craig Aaron, communications director for Free Press, “Every time something is censored or blocked it’s a ‘mistake’ or a ‘glitch.’ And that could well be the case. But of course there’s no way for users to know. That’s exactly how it will be on the non-neutral Internet and closed wireless networks, where AT&T will be a gatekeeper deciding what you see and when you see it.” …

Public Knowledge has a short video about the importance of network neutrality here. The consequences of AT&T and other private companies for Internet users is censorship that doesn’t trigger constitutional concerns very readily, and that is largely driven by commercial considerations. Pornography, for example, is so profitable that it is unlikely to be censored by commercial ISPs. But any given Internet service providing company like AT&T that profits directly from pornography might choose to censor criticism of pornography, just as it censored criticism of Bush, and convincing a court that this violates the First Amendment could be a long, complicated and probably doomed project. Many large companies make millions of dollars from pornography, and it’s certainly within the possibility that some would relish the opportunity to use Internet censoring filters to obfuscate this fact.

–Ann Bartow

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UGH.

This.

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Renewable Energy and the Feminist Legal Agenda

Earlier this week, the House of Representatives passed a tax bill that provides a variety of incentives for renewable energy:Corn on the cob

The Renewable Energy and Energy Conservation Tax Act of 2007 includes tax credits and bonds to promote investment in renewable energy production from wind, solar, geothermal, cellulosic ethanol and biofuels, and other critical energy conservation initiatives. The measure passed by a vote of 221-189. ***

The House bill provides for a number of production incentives, including: the long-term extension and modification of renewable energy production tax credits and solar energy and fuel cell investment tax credits; $2 billion of new clean renewable energy bonds for public power providers and electric cooperatives; extension of the present-law deferral on sales of transmission property from electric utilities and their affiliates to a FERC-approved independent transmission company; and the removal of caps on the credit for residential solar property (currently capped at $2,000) and residential fuel cell property (currently capped at $500 per half kilowatt of capacity).

Clean transportation incentives include: a plug-in hybrid vehicle credit; a cellulosic alcohol production credit; the extension of a biodiesel production tax credit and the extension and modification of renewable diesel tax credit; the extension and increase of a alternative refueling stations tax credit; a fringe benefit for bicycle commuters; the modification of depreciation and expensing rules for certain vehicles; and the restructuring of New York Liberty Zone tax credits.

The Senate is considering similar legislation.   The full article is here at tax-news.com.  

What’s the connection to feminism?   This short paragraph sums it up well.

Since environmental problems are linked to labor issues, feminist issues, anti-racism issues, LGBT issues, and peace issues, environmental organizations should be equally diverse.

When women overseas don’t have access to family planning services, that’s an environmental issue. Without it, poverty and overpopulation get worse and these make environmental problems worse. When the “drug war” in Colombia results in the destruction of crops that farmers need to support their families, that’s an environmental issue. When a poor, black community is surrounded in smog and contaminated water, that’s an environmental issue.

Environmental issues, social issues, and economic issues are all connected. All kinds of communities and ecosystems are constantly being attacked from all directions. It only makes sense that we work together as a movement to oppose these attacks and fight for global justice.

Ramin Skibba’s full article is here.   For more on the connection between environmental issues and feminism see New Perspectives on Environmental Justice: Gender, Sexuality, and Activism (Rachel Stein ed.) and Karen Warren, Ecological Feminism.

-Bridget Crawford

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Flying Dogs!

More here! My small to medium sized mixed breed dog is 13 years old and she can still jump up and look me in the eye when I am standing. I think she might be part kangaroo.

–Ann Bartow

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“Diversity and Community”

Public radio’s “On Point” aired a show today called “Diversity and Community” that featured Robert Putnam, Pat Buchanan and the always awesomely brilliant and articulate Lani Guinier,   on diversity and community in America. You can listen to it here.

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Cooper on “Bipolar Black Masculinity”

FeministLawProf Professor Frank Rudy Cooper of Suffolk University Law School has posted to ssrn his article, “Against Bipolar Black Masculinity: Intersectionality, Assimilation, Identity Performance, and Hierarchy.”   Here is the abstract:

The reason for bipolar black masculinity is that it helps resolve the white mainstream’s post-civil rights anxiety. That anxiety results from the conflict between the nation’s relatively recent determination that some black men merit inclusion into the mainstream and its longer-standing and ongoing belief that most black men should be excluded. Bipolar black masculinity addresses that anxiety by clearly demarcating which black men merit inclusion – only those who fit the assimilationist ideal. Bipolar depictions justify the status quo of the exclusion of most black men into jail or the lower-classes and the inclusion of only a token few white-acting black men into the mainstream.

I draw my conclusions by utilizing Critical Race Feminism’s intersectionality theory – analysis of the interplay between race and gender narratives. Intersectionality theory is usually applied to the multiply subordinated, such as women of color, rather than the singly subordinated, such as middle-class heterosexual black men. Extending intersectionality theory to heterosexual black men is justifiable when we consider the shared interests of the multiply and singly subordinated in defeating the Western epistemological system of the scaling of bodies. The scaling of bodies is the assumption that we must rank identity characteristics against a norm and organize society according to those hierarchies. Bipolar black masculinity seeks to seduce heterosexual black men into accepting the right to subordinate others as compensation for our own subordination. If heterosexual black men are to disrupt bipolar black masculinity, we must refuse to accept the right to subordinate others and construct an antihierarchical black masculinity.

The full paper is available here.

-Bridget Crawford

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Is this Funny?

clown car

I don’t think so, but call me humorless.

-Bridget Crawford (hat tip to Darren Rosenblum)

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Unprosecuted Abuse of Native American Women

This article in the LA Times  raises the question of what law governs the crime of sexual abuse of a Native American women by non-Native men.   there is a huge problem that is being regularly ignored in our country.   What happens when a white man sexually abuses an Indian woman, and neither American law or Reservation law has jurisdiction?

For more than a decade, a white man married to an Indian woman sexually terrorized his entire family on the Eastern Cherokee reservation in North Carolina. If his wife complained about the rapes and beatings with a baseball bat, he shocked her with a Taser. While raping his wife, he would force his teenage daughters to stand by so he could fondle their genitalia to compensate for erectile dysfunction. Afterward, he would show them his AK-47 and threaten to kill them if they ever left him or told anyone.

When  his wife finally reported the incidents to tribal police, there was a problem.   Although Eastern Cherokee prosecutor James Kilbourne wanted to prosecute, the tribe did not have criminal jurisdiction over the non-Indian husband. On the other hand, local and state authorities didn’t have jurisdiction either, because the victims were Indians.

In 21st century America, how is it that the availability of justice on Indian reservations is determined by the race of the perpetrator and victim? Although the federal government recognizes Indian tribes as sovereign nations, Congress and the Supreme Court have severely restricted tribes’ ability to protect their citizens from violent crime.

The first blow came in 1885, when the Major Crimes Act declared that the federal government — not Indian tribes — had jurisdiction over murders, rapes and felony assaults involving Indians. Then, in 1978, the U.S. Supreme Court further stripped tribes of criminal jurisdiction over non-Indians in Oliphant vs. Suquamish Indian Tribe. The legacy of that fundamentally flawed decision is a jurisdictional void that has produced an epidemic of violence against Indian women and children.

On most reservations today, tribes prosecute misdemeanors committed by Indians, and the state prosecutes crimes committed by non-Indians against non-Indians. But when a non-Indian victimizes an Indian, only U.S. attorneys can file charges.

But U.S. attorneys often don’t pursue such cases. In fact, they decline to prosecute crimes committed on reservations nearly twice as often as those committed off-reservation, according to Justice Department data recently analyzed by the Wall Street Journal.

-Amanda Kissel and Bridget Crawford

 

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“Unmarried America 2007”

Women’s Voices. Women Vote. has produced a report about unmarried Americans that can be accessed here. Among the “key findings“:

• Unmarried citizens are a surging force in American politics. Currently, there are almost 90 million unmarried adult citizens. More than 52 million of them are registered voters, and almost 37 million are eligible but not registered to vote.

• The majority of households in America (50.3%) are now headed by unmarrieds. • The story of unmarried America is the story of unmarried women – they account for the largest bloc of unmarried targets (almost 31 million registered voters). There are about 23 million unmarried women who are mobilization targets – including 5 million who were registered but did not vote in 2004, and over 18 million who are not registered currently but are eligible. • Unmarried voters are change oriented and they want progressive change. • Unmarried America is economically marginalized compared to married America, and this motivates much of their impulse for change. • Unmarried Americans are cynical about their government, believing that their voice goes unheard and that their government is run by an elite few. This cynicism is a barrier to their participation.

–Ann Bartow

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Private Gets 110-Year Sentence for Rape and Killing

From the New York Times:

A 23-year-old Army private was sentenced last night to 110 years in prison, a day after a military jury convicted him of rape and four counts of murder for his role in the attack last year on an Iraqi family in Mahmudiya, a hostile Sunni Arab town south of Baghdad.

The private, Jesse Spielman, was also found guilty of conspiracy to commit rape and housebreaking with the intent to commit rape, said a spokesman at Fort Campbell, Ky., where the hearing was held. The jury consisted mostly of Army officers from the fort.

Private Spielman is the third soldier from Company B, First Battalion, 502nd Infantry, 101st Airborne Division to be convicted of murder and rape in the case, in which soldiers sexually forced themselves on a 14-year-old Iraqi girl and then killed her and her family.

The full article is  here.  Unfortunately, the only thing about this story that is surprising is the length of the sentence.   Stories of soldiers raping women have ceased to shock.  

Rape is horrible.

-Amanda Kissel and Bridget Crawford

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Another Rape-Related Criminal Prosecution….

…of the Complainant.

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This Post Is For Vegetarians With Immature Senses of Humor

The Jack in the Box chain is running commercials that conflate the word “Angus” with a four letter body orifice that also begins with the letters “an” and ends with the letters “us,” described as follows:

… In “Chuckles,” a demure company executive can’t figure out why her colleagues in the boardroom, including chairman Jack, double-up with laughter at her presentation on the competition’s angus burgers. A reverse-angle shot reveals the word “angus” perfectly centered above her head, with the “g” partially blocked. After the room settles down, one exec asks, “Are you saying that people will find our sirloin burger more attractive than their…angus-es,” at which point the laughter erupts once more.

In “Angus Diagram,” Jack points to the sirloin on a butcher’s chart when an exec asks him to find the “angus area.” Jack, whose proboscis is pointed at the rear end of the cow, says, “I’d rather not.”

Sittig directed both spots. “They don’t go too far,” he said. “For example, we talked about but stopped short of doing a spot on [McDonald’s] Angus Pounder.”

You can watch “Angus Diagram” here and “Chuckles” here. Carl’s Jr. didn’t like these ads much and filed suit. Feminist Law Prof and fellow vegetarian Rebecca Tushnet has the details. And here is Stay Free Daily’s take on the episode:

The best thing about this for me is that Carl’s Jr. is being pwned – about the quality of its meat – by Jack in the Box, a fast food restaurant best known for literally poisoning its customers.

I think this campaign will make even staunch carnivores contemplate a nice grilled cheese with tomato.

–Ann Bartow

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“Trembling in your schoolgirl uniform”

Girl in the Machine has a good but depressing post about the different ways game producers treat female and male protagonists. Here are two excerpts:

… A Surivival Horror game that features a female protagonist tends to be slower-paced with more thriller-esque elements and environmental scares. The main character is typically young (teens to early twenties), poorly equipped for the task at hand, and very clearly exhibits her (rather realistic) fear in cutscenes and in her actions. All these factors intertwine to paint a portrait of helplessness and impart a sense of discomfort and vulnerability in the player.

Take Miku from our first example. Our intrepid hero must have rushed off to rescue her brother so quickly that she forgot to change out of her school uniform and didn’t pack anything besides that dinky little flashlight. I can’t fault her for excessively whimpering through every single cutscene because, frankly, who wouldn’t? And while her main weapon, the Camera Obscura, proves formidable in context, it doesn’t exactly ring the same bell as Leon’s magnum Handcannon in Resident Evil 4. …

… Male protagonists are a different story. You never see schoolboys or guys in short-shorts wandering timorously through haunted houses. Survival Horror games proffering male protagonists tend to feature more graphic violence, fast-paced gameplay, and incorporate elements of shooters. The character himself is probably older (late-twenties and up), buffer, and packing heat. He is usually a hardened stoic, utterly professional, and herein the vulnerability is absent, replaced with gun-blazing machismo. …

Read the whole post here. Via the f word.

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FeministLawProf Profile: Kimberly Yuracko

Professor Kimberly Yuracko joined the Northwestern Law faculty in 2002 after serving as a visiting assistant professor for the 2001-02 academic year. Her book Perfectionism and Contemporary Feminist Values was published in 2003.  

FLP: What is your educational and professional background?

KY: I received my BA (Political Science and Feminist Studies), my PhD (Political Science) and my JD from Stanford University.   Before beginning teaching I clerked at the district court level for Judge Gary Taylor in the Central District of California and for Judge Stanley Marcus on the Eleventh Circuit.

FLP: What courses do you teach?

KY: I generally teach Employment Law and Property.

FLP: What are you working on now?

KY: I am currently working on a paper on homeschooling.   The paper explores whether there are constitutional limits on the extent to which states can abdicate regulatory control and oversight over homeschooling.   I argue that federal state action doctrine, combined with state constitution education clauses, limit states’ ability to delegate unfettered control over education to homeschooling parents. I am also beginning work on a book exploring how antidiscrimination law should respond to sex- and race-based forms of trait discrimination in employment.   While traditional status-based discrimination targets all members of a protected group because of their race or sex, trait-based discrimination targets only those group members with particular traits and attributes.   The book will explore the seemingly different levels of protection given by courts to sex-and race-based trait discrimination, the reasons for the differences, and the possibility of a more coherent approach.

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Paulina Wright Davis: Women’s Rights Advocate and Publisher

Paulina Kellogg Wright Davis, born on August 7, 1813, was the editor and publisher of The Una: A Paper Devoted to the Elevation of Woman.   Women’s history researchers can consult copies of the paper preserved in the Rare Book and Special Collections Division  of the Library of Congress.   The Una, founded in 1853 to cover “the rights, sphere, duty, and destiny of woman, fully and fearlessly,”preceded the better known Revolution by 13 years.

-Bridget Crawford

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The Evil Power of Trademarks

From Forbes.com:

Foods Tastes Better With McDonald’s Logo, Kids Say
08.06.07, 12:00 AM ET

MONDAY, Aug. 6 (HealthDay News) — Most 3- and 5-year-olds who taste-tested a variety of foods said they preferred the ones in the McDonald’s wrapper — even though the foods were exactly the same, a new study finds.The study suggests that, like adults, young children are highly influenced by branding, experts say.

“This study demonstrates simply and elegantly that advertising literally brainwashes young children into a baseless preference for certain food products,” said Dr. David Katz, the director of the Prevention Research Center at Yale University School of Medicine, New Haven, Conn.

“Children, it seems, literally do judge a food by its cover. And they prefer the cover they know,” said Katz, who was not involved in the research.

The study was led by Dr. Thomas Robinson, the director of the Center for Healthy Weight at Packard Children’s Hospital and associate professor of pediatrics and of medicine at Stanford University School of Medicine, in Stanford, Calif. His team had 63 children, ages 3 and 5, sample five foods: chicken nuggets, a hamburger, french fries, baby carrots and milk.

The chicken nuggets, hamburger and french fries were all from McDonald’s; the carrots and milk were from a grocery store.

Each sample was divided into two portions: one wrapped in a McDonald’s wrapper or placed in a McDonald’s bag and the other in a wrapper without the McDonald’s logo.

After taste-testing, the children more often said the chicken nuggets, fries, carrots and milk wrapped in the McDonald’s logo tasted better, even though the foods were exactly the same.

“Kids don’t just ask for food from McDonald’s,” Robinson said in a prepared statement. “They actually believe that the chicken nugget they think is from McDonald’s tastes better than an identical, unbranded nugget.”

Further research revealed that one-third of the children ate at McDonald’s more than once a week, and more than three-quarters had McDonald’s toys at home. In addition, the children in the study had an average of 2.4 televisions in their homes. More than half the kids had a TV in their bedrooms.

“We found that kids with more TVs in their homes and those who eat at McDonald’s more frequently were even more likely to prefer the food in the McDonald’s wrapper,” Robinson said. “This is a company that knows what they’re doing. Nobody else spends as much to advertise their fast-food products to children.” It is estimated that McDonald’s spend more than $1 billion dollars per year on U.S. advertising.

“It’s really an unfair marketplace out there for young children,” Robinson said. “It’s very clear they cannot understand the persuasive nature of advertising.”

The report is in the August issue of the Archives of Pediatrics & Adolescent Medicine.

McDonald’s responded by saying that it is dealing with the problem.

“This is an important subject, and McDonald’s has been actively addressing it for quite some time,” said McDonald’s spokesman Walt Riker. “In fact, McDonald’s is only advertising Happy Meals with white meat McNuggets, fresh apple slices and low-fat milk, a right-sized meal of only 375 calories,” he said.

“The fact is, parents make the decisions for their children, and our research confirms that we’ve earned their trust as a responsible marketer based on decades of delivering the safest food, the highest quality toys and the kind of choice and variety today’s families are looking for,” Riker said.

Last December, McDonald’s and nine other food companies announced the Children’s Food and Beverage Advertising Initiative. The company’s agreed to devote at least half their advertising to promoting healthier choices for children.

But many experts remain unimpressed.

“There is general consensus among those of us in public health that the marketing of foods of poor nutritional quality to children should be regulated, if not abolished,” Katz said.

Children in the United Sates are already subject to epidemic obesity and rising rates of what used to be adult onset diabetes, Katz said. Even greater threats, such as heart disease in adolescence, could become common should current trends persist, he added.

“We have a clear and compelling mandate to eliminate any influence we find that is propagating current trends,” Katz said. “The branding of fast foods and junk foods into the minds of young children is one of those influences. When product familiarity is breeding ill health, it is time to put a stop to it.”

Forbes very conveniently limits the criticisms here to fast food and children, but adults fall prey to trademarks and advertising as well, and on a wide range of goods and services.

–Ann Bartow

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“Hearing Women’s Voices: Digital Communities and Feminist Ethics”

Interesting (and well footnoted!) essay by blogger lauredhel that is accessible here. Below is an excerpt:

A dilemma for the blog sociologist springs from the distributed, difficult-to-track nature of these ties between blogs. How can “community” be readily studied and defined when there are no boundaries, when there is no easy-to-identify “space”, no archived corpus of data? Efimova and Hendrick searched for community in the connections between blogs. Their paper included an exploration of the methodological difficulties in blog community research. But can their mathematical social network analysis techniques compete with an ethnographic approach? Approaching online community public archives as a corpus of data, rather than examining a “live”, online community in all its formats, risks losing much of the richness, even begging the question. Efimova and Hendrick did note that subtle but important misinterpretations of the data took place by researchers unfamiliar with the norms and culture of a blog community:

“In order to define community structures, a researcher must not only collect artefacts, but have sufficient prior knowledge in the significance of reading the artefact.”

Blogs are not limited to a one-to-many “announcement” followed by linking between blogs. A blog’s readers may form communities centred around that blog’s comments section. Comment conversations also flow back and forth between blogs, making these communities even more difficult to pinpoint for academic study by the “outsider”.

Accessibility of community data is another concern for the researcher. An important aspect of blog communities is private communications. If a researcher has access only to the public face of a community, much of the richness of the communication is lost. From personal experience, I know that online communities tend to include an enormous amount of “backchannel” chat – in email, “locked”/”friends-only” blog posts, instant messaging and private chat channels, private face-to-face meetings. This aspect of online community has been only briefly touched on in research. Takhteyev and Hall demonstrated the interdependence of public & private, online & face-to-face interactions in their interviews of graduate students within a real life/blogging community. However, the community they studied was a geographically-proximate community; studies of back-channel chat in primarily online communities are lacking.

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Peddling Sexuality in the Presidential Race

We remember when the Al-Tipper smooch took everyone by surprise in the 2000 presidential race.  

This season, Harper’s Bazaar  gives us a  photo spread that features a shot of Judith Nathan on Rudy Giuliani’s lap.    “Aww, how sweet”  is the last thing we think of when we see that photo.   The milder words that come to mind are “cheater” and “louse.”   The photo just reminds us that Guiliani announced his separation from his wife, Donna Hanover, at a press conference, without telling her in advance.   No wonder his kids don’t want to talk to him, as reported in this New York Times article.

But does sexuality sell in the presidential race?   The LA Times asks that question here.  

MSNBC talk show host Joe Scarborough  emphasizes sexuality when he asks of  Jeri Kehn Thompson, Fred Thompson’s much younger wife, “Do you think she works the pole?”   Cindy McCain emphasizes it when she gives Fox News talk a tour of her home wearing  a low-cut blouse  and lots of make-up.

At least in Hillary’s case, we know that sexuality doesn’t sell.   Her cleavage (blogged here) got way too much attention and Bill’s sexual activites  are offered by adversaries as a reason not to vote for Hillary.  

A relevant question for feminist scholars is what function the emphasis on sexuality serves.   Why or how is sexuality relevant in a presidential race?   Do men and women react differently to the display of (mostly) candidates’ wives sexuality?  

The LA Times quotes Camille Paglia as saying, “[I]t’s a very ostentatious, egregious and rather offensive appeal to women voters, and I think it’s condescending and actually off the mark,” said Paglia,   “I feel the great majority of women voters don’t like to see a woman with her hands and lips all over her man.”   Even if Paglia is not our favorite theorist, her analysis here is spot-on.

-Amanda Kissel and Bridget Crawford

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“Differential Pricing at Law Firms & Gender”

Feminist law prof Christine Hurt has an interesting and important post up on this topic at The Conglomerate. Below is a short excerpt:

… I’ve known a number of female associates who try to pick family-friendly departments in law firms to have a more predictable lifestyle (ERISA, wills & estates, real estate).   But the pressure is immense.   They are in specialities where there aren’t enough hours available to give all associates 2500 hours a year, but the expectation is still there.   They are getting paid the same as the folks in corporate who are billing 3000 hours, after all.   But the clients in these practices pore over billing statements, want flat fees and reduced rates, increasing the pressure on those associates in the “cost centers” or “loss leaders.”   Not to mention the associates in the high-billable departments who would just like a normal lifestyle.   However, if you are told that if you bill less than 2000 hours you won’t be fired but instead will forego your $25k bonus and only make $135k this year, then you may be willing to pay that premium.   The model moves from one where less-than-average hours is prohibited to one where that choice is priced.   Many people I know would be willing to pay that price.   Of course, the system would have to be integrated into the partnership decision, and I’m not sure we know how that will play out.   For example, in the Howrey firm, where associates move up in rank by merit, not by chronology, could an associate stay a “Level 3” for an unlimited number of years?   In short, I think if the model moves away from pass/fail to “pick your price,” then it could be a win-win situation.

–Susan Franck

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Feminist Law Prof Profile: Anthony E. Varona

Anthony E. Varona is an Associate Professor at American University Washington College of Law.   Professor Varona recently answered these questions for Feminist Law Professors.

· What is your educational and professional background?

A.B. in political science and romance languages (French), Boston College; J.D., Boston College Law School; LL.M., Georgetown University Law Center.

I served in the attorney honors program at the Federal Communications Commission immediately after graduating from law school, and after about a year and a half went on to private communications law practice at Mintz Levin and Skadden Arps.   I did significant pro bono legislative and corporate counsel work for the Human Rights Campaign (the nation’s largest LGBT civil rights organization) while I was at the firms, and in 1997 joined HRC as its first general counsel and legal director.   While at HRC, I co-taught a Sexual Orientation and the Law Seminar at Georgetown University Law Center as an adjunct professor and in 2001 served as a Wasserstein Fellow at Harvard Law School.   In 2002, I entered legal academe full-time by joining the faculty at Pace Law School, where I taught administrative, media, sexuality and criminal law.

· What courses do you teach?

Contracts, public law (a new first-year elective introducing students to legislation and basic administrative law), administrative law and media law.   I may teach sexuality law again in the next few years.   I also serve as the director of our S.J.D. Program.

· How does feminism influence your teaching/scholarship/service?

Feminist thinking has had a significant influence on my practice, teaching and scholarship.   Issues of gender equality and diversity and the empowerment of sexual and gender minorities were at the core of my day-to-day work as HRC’s general counsel and legal director.   It goes without saying that those issues are fundamental to my Sexuality & Gender Law course, but it might not be so obvious that feminism also plays an important role in my approach to my other courses.   For example, contract law is replete with examples of how the common law was and continues to be used to reinforce the oppression of women.   But it also offers women and sexual minorities important tools for combating inequality by means of “private legislation” that can correct some, although far from all, of the failures of public law.

· When did you first make a connection between feminism and the law?

I guess that would be when I was in law school.   I was a clinic nerd at BC Law.   I worked at BC Law’s poverty clinic (the Legal Assistance Bureau, or LAB) for one summer and then four academic semesters, one semester for academic credit, and the rest as a work-study “student practitioner.”   I was the only native Spanish-speaking student lawyer when I started at LAB in the summer of 1990, so had the good fortune of serving many Latino/a (and other) clients in need.   Many of these clients were women in crisis, as a result of poverty, illness, workplace or housing discrimination, domestic violence, or other problems. It was in working with these women that I realized how the law often was not adequate to solve these and other clients’ problems and often just exacerbated the crises.   It was also in the clinic that I came to appreciate the positive impacts that feminist thinking has had on the law and lawyering, particularly in expanding the alternatives to adversarial conflict resolution, in areas such as mediation, conciliation, and the successful melding of lawyering with allied disciplines, like social work, in poverty law, elder law, and other practices.

· What is the”feminist climate”at your school?   Does your self-identification as a feminist impact the way you are perceived by students, colleagues or university administrators?

I could not be happier at American.   American University’s law school, the Washington College of Law, was chartered in 1898 by two women, Ellen Spencer Mussey and Emma Gillett.   WCL has the distinction of being the first law school in the world to be founded by women, principally for the benefit of women students.   Given this history, it’s easy to see why we have an institutional atmosphere that embraces diversity of all kinds across our faculty, staff and student body.   I am a Latino gay feminist immigrant, and in all of those respects feel welcomed and valued by my colleagues, students and administrators.   Our atmosphere is so welcoming of difference, in fact, that I make it a point to warn many of my students that not all legal workplaces and institutions are so diversity-friendly, and that they must be prepared to face both latent and blatant sexism, racism and homophobia when they venture into practice.

· What are you working on now?

I am working on two articles in the media law area.   One on the role of the government in proactively creating opportunities for democratic deliberative engagement on the Internet, and the other on the effects of the Internet and its regulation (or nonregulation) on our democracy.     I’ve also been doing a lot of reading for an article on the role of the religious freedom clauses in the pursuit of gay civil rights.

· Could you recommend at least one book/article/theorist to law students who are interested in feminism’s relationship to the law?

I’ve been recommending to colleagues and students, quite enthusiastically, a recent book by University of Chicago Professor Martha Nussbaum entitled Hiding from Humanity: Disgust, Shame, and the Law.   It is a fascinating, original and beautifully written analysis of how the emotions of disgust and shame have driven much of law and punishment, in ways that are rooted in a societal idealization of human exceptionalism and perfectionism that denies our humanness, and ignores our true animality.   I especially appreciate how she links anti-gay discrimination with sexism, and theorizes that homophobia hurts everyone.   For example, at page 261, she writes: “People are extremely anxious about their sexuality, and feel threatened with shame in that area, especially in an America in which ideas of sexual perfection suffuse the popular culture, promoting unrealistic and inflexible norms for all.”

The profile was updated with minor editorial changes upon request of Professor Varona 7/18/2014, and marks to show the changes were eliminated 7/5/15.

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Pace Law School Faculty Search: Senior Environmental and (Open-Slot) Entry-Level Position in NY

From the FLP mailbox:

Pace University School of Law expects to fill one or more full time, tenure track faculty positions commencing in the 2008-2009 academic year.   Pace is particularly interested in mid-career environmental law candidates, as well as entry-level candidates with a wide variety of areas of expertise.   We especially seek candidates who can bring diverse viewpoints to the classroom.

Candidates should have demonstrated commitment to and records of scholarly achievement.   Candidates with practice experience will be preferred.

 Pace is committed to achieving equal opportunity in all aspects of University life.   Applications are especially encouraged from people of color, gays and transgendered individuals, individuals who are differently-abled, veterans of the armed forces or national service, and anyone whose background and experience will contribute to the diversity of our faculty.   Salaries and benefits, including domestic partner benefits, are commensurate with experience and performance.    
           
 Pace University School of Law is located in suburban White Plains, New York, Westchester County, approximately twenty miles north of New York City.   Many faculty members live in New York City, as well as the surrounding suburbs.   Pace’s reputation and strong financial aid and scholarship program attract extremely talented students of diverse backgrounds, from thirty-four states, and more than fifteen countries.   The Law School is committed to providing its students with the skills, knowledge, and values necessary to be effective and ethical lawyers and community leaders.

To apply, please send a resume and references to:

Professor Ann Powers
Chair, Faculty Appointments Committee
Pace University School of Law
78 North Broadway
White Plains, N.Y. 10603
e-mail:   apowers@law.pace.edu

If materials are submitted by e-mail attachment, please provide full contact information in the body of the e-mail.  

Information about Pace Law School is available here.   For a complete description of our Faculty Appointments Procedures, see here.

Aspiring feminstlawprofs and all others very welcome to apply!

-Bridget Crawford

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“Thai police officers who break rules will be forced to wear hot pink armbands featuring “Hello Kitty,” the Japanese icon of cute, as a mark of shame, a senior officer said Monday.”

Anyone need me to explain why this is sexist and homophobic?

–Ann Bartow

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Sex Segregated Mass Transit

After a NYT study found that 63% of NYC suway riders say they have been sexually harrassed, Jessica Valenti published a column at The Guardian entitled “Is segregation the only answer to sexual harassment?” In it she questions whether separate facilities for women are a good thing, and seems to conclude that they are not.

I’m sympathetic to her argument that othering and isolating women by relegating them to separate facilities is problematic. One thing that concerns me, though, is the way she conflates marketing ploys (such as a women only beach in Italy, see e.g. this and this) and women only hotel floors (note account is in a section of the newspaper called “Money”) with a very real public safety concern, sexual assault on public transportation. She is correct that “women should have the right to be safe anywhere and everywhere” and also that a woman who is assaulted in a co-ed subway car may be blamed for being there. But unlike hotels and for profit fee-paid beaches, mass transportation systems are public spaces and women may not have alternatives to using them. Making them safer for women is an important social goal. If providing separate cars for women is cheaper and more effective than substantially increasing police presence, it makes sense to experiment with them. Valenti writes:

When I take the subway now, a bit older and certainly more jaded, I do my best to avoid crowded train cars and instead of silently rolling my eyes when someone brushes up against me, I make a fuss. (Grabbing the offending hand and holding it up, declaring, “Why was this hand on my ass?” seems to do the trick.)

We have all been there, and it stinks. Why not try to do something effective like separate cars, that will be a lot more effective than avoiding crowded cars and yelling at individual offenders. I don’t think I’ve ever been groped on a train or a bus by a woman. In every context that has been studied, women are A LOT safer when men are not around. A while back Heart wrote this about women only commuter coaches in Rio de Janiero:

… News reports covering the woman-only cars in Rio de Janeiro are hard for me to read, because they contain such unapologetic anti-woman, anti-feminist commentary, including from government officials, some of whom decried the cars as discriminatory and unconstitutional. Their logic seemed to be either that officials should address the problem of groping, sexual assault and sexual harrassment in general, rather than ghetto-izing women by creating woman-only commuter cars, and/or that the woman-only cars discriminated against men. Recently men opposed to the woman-only cars have engaged in protests, standing at bus and train loading areas with signs marked “gay,” “hippies,” “men,” and more protests are planned. City officials intend to challenge the laws enacted to create woman-only transportation. In some instances, according to the reports, men have violated women’s commuter spaces uneventfully, but in general, security guards are available to enforce the laws and regularly do so with the hearty approval of the women riding. When Women’s E-News interviewed commuters in Rio de Janeiro, by far the majority of women were enthused about the woman-only transportation, while all of the men queried disliked it.

Well, of course. It either interferes with their groping plans : according to Alternet coverage, there is an online community dedicated to “those who enjoy pressing up against women on crowded buses and trains” which encourages them to leave descriptions of what amounts to their sexual assaults on women on the site for others to enjoy : or it flies in the face of what they want to believe about men, or of the excuses they make for the pandemic proportions of the problem of male sexual violation of women. …

I think Heart has the better argument. Public women-only facilities make a very visceral point about the inability of men to control their violence toward women and they make women safer, two important feminist goals.

–Ann Bartow

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The KY Product Extension

Along with its full line of “intimacy products,” the makers of K-Y offer a “Relationship Registryon its website.

The Relationship Registry has you covered. From your shoe size to your favorite clothing store. From your fantasies to e-mail reminders before your anniversary. The Relationship Registry makes sure you and your partner always know the important things. Register today, and if you do not have time to complete your profile now, come back to add and change at your leisure, we’re not going anywhere…

Should one link to the “relationship registry” from, say, a myspace page, so prospective partners know one’s shoe size and lube of choice?   Some things I’d rather share in person.

-Bridget Crawford

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