Study Finds Obsesity Harder On Girls Than Boys

From Chron.com:

Obese girls, often suffering from negative self-images as teenagers, are half as likely to attend college as girls who aren’t as overweight, according to a new study at the University of Texas.

The same trend does not hold true for obese boys, likely because American mass culture holds adolescent girls to stricter weight standards, the study’s author said.

“The costs of being obese are just not as great for boys,” said UT sociology professor Robert Crosnoe, who is writing a book about the educational impacts of lower social status in high school.

“People care more about girls’ weights and girls care more about girls’ weights,” he said. “Girls are more penalized for this and they care about it more.”

The study, which tracked 11,000 American adolescents, suggests that harmful effects of obesity extend beyond poor physical health.

Crosnoe, who adjusted statistically for factors such as ethnicity, race and income, said obese girls often engage in negative behavior to cope with isolation and social stigmatization.

They are more likely to skip school, drink alcohol or take drugs and consider suicide, behavioral and mental health problems that undermine their ability to compete academically.

Adults are often unsympathetic to the social plight of high schoolers who don’t fit in, saying students must learn to “get over it” as they grow older, Crosnoe said. …

More information about the study (including the author’s contact information) here.

–Ann Bartow

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Proposed Ohio Law Would Require Man’s Permission For Abortion

Story here, below is an excerpt:

Several Ohio state representatives who normally take an anti-abortion stance are now pushing pro-choice legislation – sort of.

Led by Rep. John Adams, a group of state legislators have submitted a bill that would give fathers of unborn children a final say in whether or not an abortion can take place.

It’s a measure that, supporters say, would finally give fathers a choice.

“This is important because there are always two parents and fathers should have a say in the birth or the destruction of that child,” said Adams, a Republican from Sidney. “I didn’t bring it up to draw attention to myself or to be controversial. In most cases, when a child is born the father has financial responsibility for that child, so he should have a say.”

As written, the bill would ban women from seeking an abortion without written consent from the father of the fetus. In cases where the identity of the father is unknown, women would be required to submit a list of possible fathers. The physician would be forced to conduct a paternity test from the provided list and then seek paternal permission to abort.

Claiming to not know the father’s identity is not a viable excuse, according to the proposed legislation. Simply put: no father means no abortion. …

At least one law professor has proposed something along these lines. See Ethan Leib’s “A Man’s Right To Choose (An Abortion?)“. Link to story via The Consumerist.

–Ann Bartow

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Antagonistic men valued, while angry women perceived ‘out of control’

From Scientific American:

A man who gets angry at work may well be admired for it but a woman who shows anger in the workplace is liable to be seen as “out of control” and incompetent, according to a new study presented on Friday.

What’s more, the finding may have implications for Hillary Clinton as she attempts to become the first female U.S. president, according to its author Victoria Brescoll, a post-doctoral scholar at Yale University.

Her research paper “When Can Angry Women Get Ahead?” noted that Clinton was described last year by a leading Republican as “too angry to be elected president.”

Previous research has indicated that anger can communicate that an individual feels entitled to dominate others, and therefore perhaps is. But in a paper to be delivered at a weekend conference, Brescoll said such studies focused on men.

“As Senator Clinton’s experience suggests, however, for a professional woman anger expression may lead to a decrease rather than an increase in her status,” Brescoll wrote.

She conducted three tests in which men and women recruited randomly watched videos of a job interview and were asked to rate the applicant’s status and assign them a salary.

In the first, the scripts were identical except where the candidate described feeling either angry or sad about losing an account due to a colleague’s late arrival at a meeting.

Participants conferred the most status on the man who said he was angry, the second most on the woman who said she was sad, slightly less on the man who said he was sad, and least of all by a sizable margin on the woman who said she was angry.

SALARY GAP

The average salary assigned to the angry man was almost $38,000 compared to about $23,500 for the angry woman and in the region of $30,000 for the other two candidates. …

I’ll add a link to the actual study if I can find one. Insert obvious joke about how much this peeves me off.

–Ann Bartow

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Justice Talking on Abstinence-Only Education

Listen here. Below is the overview:

Federal and state funding programs provide local groups with millions of dollars for “abstinence-only-until-marriage” education programs that are hailed by some as the best way to keep teenagers from having sex and to stop teen pregnancy. But increasingly, state administrators are balking at accepting these dollars, concerned that this is a one-sided approach to sexuality education that fails to give teens medically appropriate information about birth control, prevention of STDs and the option of abortion. Tune in to this edition of Justice Talking as we take an in-depth look at the legality, morality and effectiveness of abstinence-only education.

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“Taking A Break From Uppercase”

Lisa Jervis, editor of Bitch: Feminist Response to Pop Culture, reviewed “Split Decisions: How and Why to Take a Break from Feminism” by Janet Halley at the Women’s Review of Books. Here is an excerpt:

I admit I was predisposed to dislike Janet Halley’s Split Decisions. After all, as a confirmed, lifelong feminist, I have no interest in being convinced to”take a break”from a mode of understanding the world that I see as a crucial platform from which to fight for social justice. And as a critic, I’m all too used to faux feminists such as Camille Paglia and Christina Hoff Summers trying to spin misogynist analysis and antifeminist misinformation as constructive criticism:and garnering massive mainstream attention for doing so. Halley anticipates this stance, and doubtless she would appreciate that I am disclosing it early in this review, in what she would call, with one of her many annoying writerly tics, a”cards-on-the-table moment.”

My ultimate conclusion about Halley’s work, though, is not bound up in these concerns. Her take is at once too bloodless to inspire much defensive anger, and too obscure to sway the general public. Instead my assessment comes down to this: Split Decisions is built on a tautology, uses sexuality as a lens that distorts more than it clarifies, and cares more about high theory and academic categorization than about real women or actual feminist activism. …

–Ann Bartow

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Crochet A School Lunch!

From here!  

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Porn Company Uses Photo of 14 Year Old Without Permission

According to The Consumerist:

When Lara placed a self-portrait taken at age fourteen on deviantART, she never expected it to be stolen by TVX Films and placed on the cover of the DVD porno “Body Magic.” Lara asked the President of TVX Films to remove her photo and compensate her for the theft. He responded with the following email:

I’M SURE BY THE END OF THE MONTH YOUR FACE WILL BE HISTORY. WE HAVE STOPPED SELLING THE DVD UNTIL COVER IS REPLACED. WE HAVE FURTHER CHECKED OUT YOUR NAME AND ITS NOT LIKE IT’S A HOUSE WHOLE NAME. ACTUALLY, REMOVING YOUR IMAGE WILL HELP IMPROVE THE SELL OF THE DVD….. SO FAR IT BOMBED.THEY ARE REMAKING THE COVER AS WE SPEAK SO YOUR TEN SECONDS OF FAME WILL SOON COME TO AN END.

AS FOR COMPSENSATION;YOUR SILLY!

We can’t help but appreciate the juxtaposition of our beloved semicolon and the wrong form of “you’re.” These pornographers, who make their business by slapping new covers on old DVDs, are clearly classy with a “K.”

An account of her copyright lawsuit is available at The Smoking Gun.

–Ann Bartow

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“Family-Leave Values”

Last Sunday’s NYT had this article about family leave. Here are a couple of excerpts:

… Until recently, lawsuits claiming workplace discrimination because of family care-giving obligations were rare : in part because, however harsh it may seem to lose your job under circumstances like Deonarain’s, employers could often get away with it. The 1993 Family and Medical Leave Act guarantees workers some unpaid time off in the event of a serious health problem, after the birth of a child or to care for a sick family member, but the law’s scope is limited. (It doesn’t cover companies with fewer than 50 employees, for example. Computer Literacy World had just under 50 at the time.) And no federal antidiscrimination statute exists that explicitly protects family caregivers in the workplace.

But what constitutes discrimination in the eyes of the law is changing. And one reason it’s changing is that the ranks of people like Karen Deonarain have grown. Since the mid-1990s, the number of workers who have sued their employers for supposed mistreatment on account of family responsibilities : becoming pregnant, needing to care for a sick child or relative : has increased by more than 300 percent. More than 1,150 such lawsuits have been filed in federal and state courts, a trend that has not gone unnoticed in the business world, not only because companies are well aware of the negative publicity lawsuits can generate but also because numerous plaintiffs have walked away with hefty damage awards. In one case, a jury granted $11.65 million to a hospital maintenance worker who was penalized for having to care for his elderly parents. In Ohio recently, a jury awarded $2.1 million to an assistant store manager who was demoted because she has several kids.

The workers pressing such claims have invoked a dizzying array of laws to prove they were mistreated. Some have relied on Title VII of the 1964 Civil Rights Act, which a number of courts have ruled prohibits not only overt sex discrimination but also seemingly neutral policies that have a disparate impact on women. Others have invoked the 1990 Americans With Disabilities Act, which covers both individuals with disabilities and, to a lesser extent, the people who care for them. Others still have drawn on the many state and local laws passed in recent years to safeguard the rights of employees with families.

The flood of cases reflects not just the increased presence of women in the workplace but also the growing difficulty Americans of all social backgrounds seem to be having in balancing the demands of work and family. Unlike so-called”glass ceiling”cases involving women barred from the top rungs of a handful of elite professions, the plaintiffs in these new work-family disputes have ranged across the occupational spectrum, from physicians to police officers to grocery clerks. While not all have become millionaires, more than half have prevailed in court : a success rate significantly higher than that of more conventional employment-discrimination cases, which is below 20 percent. Beyond causing headaches for their employers, the lawsuits are serving notice that the battle over”family values”is no longer just about gay marriage and abortion: it’s also about workplace attitudes that some advocates believe do significantly more to undermine family life than those controversial practices do.

No person has made this argument with more vigor in recent years than Joan C. Williams. A professor at the University of California’s Hastings College of the Law in San Francisco, Williams, 55, is tall and slender, with reddish-brown hair and something approaching rock-star status among the small but growing network of lawyers and scholars who litigate or study family-responsibility discrimination cases. …

… Williams has been racing across the country giving such speeches since 2000, the year her book “Unbending Gender” appeared. In the book, which set in motion the legal trend that now consumes much of her time, Williams argued that the growing tension between work and family was not simply a product of economic necessity. It stemmed, rather, from a marketplace structured around an increasingly outdated masculine norm: the”ideal worker”who can work full time for an entire career while enjoying”immunity from family work.”At a time when both adults in most families had come to participate in the labor force, Williams argued that this standard was unrealistic, especially for women, who remained the primary caregivers in most households. …

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Christine Lagarde: First Female Finance and Economy Minister of a G7 Country

The Financial Times reports:

Christine Lagarde has become the first female finance and economy minister of a G7 country following a ministerial reshuffle on Tuesday by Nicolas Sarkozy, French president.

Ms Lagarde, 51, a former agriculture and trade minister who previously ran the US law firm Baker & McKenzie, takes over from Jean-Louis Borloo, who assumes the role of”super-minister”responsible for the environment and energy. …

About a year ago Forbes ran this somewhat odd profile. In 2005, another Forbes profile said:

Lagarde, 49, is a force multiplier everywhere she goes. A decade ago, she was the first woman on Baker & McKenzie’s executive committee. Four years later, she became the first woman to head the committee. In the process she “nagged and teased” her partners into promoting more women into their ranks. During her five-year tenure as head of the law firm:one of the few women in the world to hit the legal big top:Lagarde championed the “client first” mentality, where lawyers anticipated clients’ needs rather than harped on their own credentials. Lagarde notes a difference in style between executive women and men: “We don’t take things as dramatically and as seriously as men do. Maybe it’s because we think things are more important in life than who you’re going to sit next to at some dinner.” An employment and antitrust specialist and former national team synchronized swimmer, Lagarde recently left the law firm to run France’s trade ministry and is now a cabinet minister. Lagarde has also been awarded France’s highest honor, the Legion d’Honneur.

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Who’s Your Egg Donor? The British Government Wants the World to Know

From this article in the London Times:

The birth certificates of children born from donated eggs and sperm would be marked with details of the way they were conceived, under proposals advanced yesterday [July 31, 2007]  by MPs and peers.

A legal requirement to register such births openly is the only way of ensuring that children conceived from donors have the right to learn of their biological origins, a parliamentary committee that is scrutinising fertility reforms said. * * *

The suggestion raises significant privacy issues as birth certificates are public documents. Anybody would thus be able to find out whether any individual had been conceived from donated eggs or sperm.

-Bridget Crawford

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No Glove, No Love: Where HPV Is Found

From the Seattle Post Intelligencer:

Controversy continues to plague efforts to protect young women against cervical cancer by vaccinating them against HPV, the human papillomavirus, but one leading scientist’s discovery could throw a monkey wrench into the debate.

“We found HPV under the fingernails of young men,” said Dr. Laura Koutsky, a University of Washington epidemiologist. * * * The presence of HPV under fingernails, she said, at the very least suggests another possible route of transmission. It’s an additional route of infection, she said, that could explain some previous apparent anomalies such as HPV infection in infants and young girls who had not yet engaged in sexual activity. * * * Koutsky’s not quite sure what to make of the finding, which has yet to be reported in a journal, but she said it is certainly “a surprise.”

More severe forms of HPV can cause genital warts and penile and anal cancers. Non-genital strains can cause head and neck cancers. But the greatest cancer risk from HPV is to women. Cervical cancer, if detected early by Pap smear, is treatable but still kills more than 4,000 women a year in the U.S. In the developing world, cervical cancer is massive — the leading cause of cancer deaths of women, killing nearly 300,000 annually.

The cultural and moral concerns of other countries are sometimes an even bigger barrier to introducing new vaccines or health measures, said Dr. Jacqueline Sherris, vice president at Seattle-based PATH, an organization that specializes in the health needs of the developing world. Widespread acceptance of a vaccine in the industrial world, she added, can often be a necessary precursor to expanding its lifesaving use in poor countries.

But opponents of making HPV immunization widespread argue that if a young woman simply abstains until marriage, no vaccine is needed. Koutsky’s finding may give pause to those arguing from this moral perspective. If HPV can be found under fingernails, will these daughters of chastity need to also abstain from a handshake?

There’s no evidence to support that kind of transmission, Koutsky noted, but the finding of severe forms of HPV under the fingernails of young men should serve as a reminder of how much we yet have to learn about the behavior and transmission of the human papillomavirus.

“Basically, it’s not just about sex,” Koutsky said. “You have to know how people get it in order to prevent it.”

At some point, she predicted, it will become clear that boys and young men should also be vaccinated against the virus. It would be nice if just living a good, moral lifestyle could protect against microbial invasion, Koutsky said. But right at your fingertips, she said, might be a hint that this is just wishful thinking.

The full article is here.

What the reporter didn’t ask:   Had the young men under whose fingers the HPV virus was found recently had contact with their own or another’s genitals?  

-Bridget Crawford

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Mapping A Third-Wave Feminist Legal Agenda for Child-Care

Child-care is expensive; American families with mothers make average monthly child-care payments of an estimated 6.9% of their average monthly family income.[1]   But this percentage can vary considerably depending on the geographic location of the family and the type of child-care.[2]   A third-wave feminist legal agenda would include child-care issues, given the interest of self-proclaimed third-wave feminists in “mak[ing] the workplace responsive to an individual’s wants, needs, and talents.”[3]   Based on third-wave theory as it currently exists, however, it is not clear what direction third-wave feminists would take.   They might advocate for subsidies or support from either employers or the government.   If efforts focus on governmental involvement, that may be in the form of government-run child-care centers, government-subsidized child-care centers[4] or tax-benefits.[5]   Ultimately, the success of any third-wave advocacy for private or public support for child-care depends on how the issue is framed.[6]   A sex-equality argument may be the most powerful, and full discussion and development of such a theory would be a worthwhile avenue of inquiry for future third-wave feminist scholarship.  

Citations below for the inquiring mind.

-Bridget Crawford

______________________________

[1] See Julia Overturf Johnson, Who’s Minding the Kids?   Childcare Arrangements: Winter 2002, Table 6: Weekly Child Care Payments of Families With Mothers Present and Children Under 15 Years by Selected Characteristics: 1984 to 2002, available at http://www.census.gov/prod/2005pubs/p70-101.pdf.

[2] Census Bureau, Current Population Reports, Sept. 1995, What Does It Cost to Mind Our Preschoolers?, at 4 (expenditures range from 6% to 25% of monthly income).  

[3] Id.  

[4] For historic examples of government-subsidized workplace child-care, see Ruth Sidel, Women & Children Last: The Plight of Poor Women in Affluent America 119-120 (1986).  

[5] See, e.g, Nancy C. Staudt, Taxing Housework, 84 Geo. L.J. 1571 (1996); Edward J. McCaffery, Taxing Women (1997); Mary Louise Fellows, Rocking the Tax Code: A Case Study of Employment-Related Child-Care Expenditures, 10 Yale J.L. & Feminism 307 (1998).  

[6] The editors of one popular textbook pose this question: “Does it make a difference why the government adopts a particular child care policy – that is, whether it is seen as a question of sex equality, as in Sweden; of employment necessity, as in wartime Britain and the United States; or of child welfare?”   Feminist Jurisprudence: Taking Women Seriously 717 (Mary Becker et al. eds., 2001).
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SCHIP Amendment Fails By One Vote

Last night, an amendment to a children’s bill failed on the US Senate floor by one vote: 49-50. The proposed amendment, offered by anti-choice Senate Wayne Allard, would have allowed states to make an embryo or fetus eligible for the State Children’s Health Insurance Program (SCHIP) – the child, but not the mother.

We’ve blogged about the amendment here.

–Catherine An, ProChoice America dot org

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FeministLawProf Profile: Naomi Cahn

Naomi Cahn is the John Theodore Fey Research Professor of Law at George Washington University, where she is also the Associate Dean for Faculty Development. Professor Cahn has held a variety of positions in both the private and public interest sectors, including as an associate with the Washington, D.C., firm of Hogan & Hartson and as a staff attorney with Philadelphia’s Community Legal Services.For the five years prior to her joining the faculty of the Law School in 1993, Professor Cahn was the assistant director of the Sex Discrimination Clinic at Georgetown University Law Center, where she supervised students in domestic violence cases. She was a visiting professor at Georgetown from 1991 to 1993 and in 1998.At GW Law, Professor Cahn teaches courses on family law, trusts and estates, and child, family, and state. Professor Cahn is the co-author of the West casebook, Contemporary Family Law, and has co-authored other books about family law, reproductive technology, and adoption. From 2002 to 2004 she was on leave in Kinshasa, the capital of the Democratic Republic of the Congo.

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

NC: Certainly before college — in college, I wrote my senior thesis on women’s work and child care, examining, among other topics, various laws and approaches to child care.

FLP: Has feminism reached the limits of what it can accomplish via the law? Should feminists focus on issues other than the law (i.e., culture, youth education, etc.)?

NC: I think feminism continues to have an enormous amount to contribute to the law. One of the methods that feminism contributes to legal analysis is an emphasis on context, on helping us see that the law is critical to feminist goals, but that changes in the law are not enough. For example, I’ve written about sexual violence against women during war, and argued that prosecution, or even reparations, are legal solutions to a problem that also requires emphasis on humanitarian issues. These humanitarian issues are also legal issues: we need laws supporting the use of such (what I term) ‘social services justice.” Or take the issue of low income women in the workplace, who need guarantees of job equality, or protection from the impact of domestic violence on their job, but who also need child care and longer school years.

FLP: What are you working on now?

NC: I’m working on 2 projects. The first is a book on reproductive technology and the law, forthcoming from NYU Press, which argues that we need a coherent framework for addressing issues of parenthood, market regulation, and relationships. A second project, a co-authored article, with Professor June Carbone, is titled, “Red Families v. Blue Families,” and articulates two distinct sets of life patterns and supporting family laws that are roughly correlated with a state’s political climate.

FLP: Has blogging changed academic feminism?

NC: I think blogging is just beginning to realize its potential.

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Eight Random Things About Marcia McCormick

1. My grandmother, born in a tiny town in Iowa (pop. less than 200), spoke Irish as a child, and I wish that total assimilation had not been the model of the day.

2. When I grow up, I want to be a superhero, but the kind with sensble shoes and athletic wear.

3. When I was a teenager, I rebelled against my parents by speaking out and agitating for left-wing causes. Imagine my disappointment to discover in college and after that my parents had believed in most of the same things I was agitating for, but just didn’t tell me.

5. I used to carry my passport in my backpack just in case I had to travel abroad at a moment’s notice.

6. My top 5 favorite books of all time in no particular order are Stranger in a Strange Land (Robert Heinlein), The Diamond Age (Neil Stephenson), American Gods (Neil Gaiman), The Mists of Avalon (Marion Zimmer Bradley), and The Poisonwood Bible (Barbara Kingsolver).

7. I don’t like to see movies in the theater.

8. Despite the fact that I spend much of my time speaking, I’m terrible at meeting new people. I never know what to say.

And I would tag Beth Burch, Miriam Cherry, Orly Lobel, Angela Onwuachi-Willig, and Paul Secunda.

–Marcia McCormick

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FeministLawProf Profile: Jessica Silbey

Jessica Silbey is a professor at Suffolk University of Law.   Her scholarly interests focus on the cultural analysis of law, including the interdiscipline of law and literature and law and film.   Before joining the faculty of Suffolk Law School, Professor Silbey was a litigator at Foley Hoag LLP in Boston. She also served as a law clerk to the Honorable Robert E. Keeton on the United States District Court for the District of Massachusetts and to the Honorable Levin Campbell on the United States Court of Appeals for the First Circuit.

FLP: What is your educational and professional background?

JS: I have a PhD in Comparative Literature from U Michigan and a JD from U Michigan. I pursued them jointly. I did my undergraduate work at Stanford University. After law school, I clerked for two years  and then litigated for several years in Boston. I entered academia in 2004, just four months after I gave birth to my first child.  

FLP: What courses do you teach?

JS: I teach constitutional law and intellectual property (copyright and trademarks).

FLP: How does feminism influence your teaching/scholarship/service?

JS: To me, feminism is the study of power imbalance with attention to gender inequity. If law is one way in which society distributes power among various constituencies and individuals, feminism is inevitably part of the study of law. In my constitutional law course, we regularly discuss the role of equality and liberty and the governmental balance of power — all issues that are intimately involved in gender relations in our society. And it seems that in my scholarship I keep writing about how narrative and various forms of storytelling (film, written fiction, rhetoric generally) work to undo or solidify various relations of power between individuals and within or among  groups.    

FLP: What are you working on now?

JS: I am working on an article that investigates how origin myths structure and explain intellectual property protection in the United States.

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“Male Sportswriter Returns To Work As a Woman”

Alternet article about Christine Daniels here.

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Canada Grants Asylum To Woman Trying To Protect Her Daughter From FGM

Women’s Enews account here. The article notes in pertinent part:

A growing number of women are requesting asylum in Western countries to escape gender-based persecution.

As a signatory of the 1951 United Nations’ Geneva Convention Relating to the Status of Refugees, Canada stands out in allowing women who are at risk of female genital mutilation, or FGM, to stay, said Nancy Doray, a Montreal immigration attorney. She helped draft the nation’s refugee guidelines, which the Immigration and Refugee Board issued in 1993 and updated in 1996.

The government does not keep statistics on its reasons for acceptance or rejection. The guidelines include criteria for asylum based on fear of gender-based persecution, including domestic violence, rape with impunity and FGM, which ranges from the removal of the clitoris to sewing the genitalia closed and even the removal of the genitalia. The practice often causes later health problems, including higher maternal and infant mortality rates.

“I think Canada’s been a leader in women’s issues and refugee law even before the guidelines. They made a real effort to understand the issues that affected women and children,” Doray said.

Nonetheless, Toure’s struggle with Canada’s immigration system, while ultimately victorious, highlights the obstacles women seeking asylum can face. Doray said it can be difficult to prove, for instance, that a woman will be at risk of FGM when it is outlawed in her home country because attorneys must show the laws are not enforced.

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No surprises that satisfaction lower among female and minority faculty…

Inside Higher Ed reports on a study by  the Collaborative on Academic Careers in Higher Education (COACHE) based at the Harvard University Graduate School of Education. Speaking of the study, which examined  recruitment and retention of next generation professors, Inside Higher Ed concludes  “experience of junior faculty members continues to vary based on gender and race.”   As COACHE’s director Cathy Trower said, one must  remember the difference between establishing sound policies (which many institutions have done) and making sure that they are effective and working for everyone (which is more difficult). “A change in policy does not necessarily mean a change in practice or climate,” she said.   COACHE’s own  report on the study notes that “A section examining numerous aspects of the climate, culture, and collegiality of the workplace revealed differences of opinion between male faculty members and their female counterparts and between white faculty and faculty of color. For example, with the exception of their level of satisfaction regarding personal and professional interaction with other junior faculty colleagues, female faculty members felt less satisfied than males with all of the other key climate variables. Without exception, faculty of color gave all climate aspects lower marks than did their white counterparts.”   So policies aside, now we must determine how to meaningfully adjust culture…or figure out how to live with what we’ve got…

–Kim Diana Connolly

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Veritas Nec Concubitu

From the Chronicle of Higher Education (here, but registration and pay-subscription required), this story on a chastity-commitment club at Harvard:

On a campus they describe as saturated with casual sex, Justin [Murray] and Sarah [Kinsella] have helped put abstinence on the map. As they prepare to take their commitment to chastity : and each other : off campus, they leave behind a handful of devotees of a countercultural movement that says abstinence is sexy. True Love Revolution, or TLR, is hardly the only group pushing self-restraint among young adults….The group’s founders say abstinence is not only a foolproof means of avoiding sexually transmitted diseases and unwanted pregnancies, but also the ticket to a better romantic life. * * *

True Love Revolution has become part activist group, part support network. It challenges a campus culture that, its founders say, promotes sex through university-sponsored how-to seminars on female orgasm. The group has advertised the benefits of abstinence through flyers and ice-cream socials. In April they held an open dinner discussion called “Living in a Hookup Culture,” which attracted supporters and critics alike. The founders hope their successors will bring speakers to the campus, and perhaps approach the university’s health center about incorporating information on abstinence into its sex-education programs. * * *

The organization caused some controversy at Harvard. On Valentine’s Day, for instance, the group mailed chocolate hearts to all freshman women, along with cards that said, “Why Wait? Because You’re Worth It.” That raised the ire of some campus feminists who said the organization was promoting a patriarchal view of female sexuality. The Harvard Crimson published a few editorials mocking the group. And Mr. Murray has friends who enjoy taunting him with explicit details of their sex lives.

If TLR had sent its “Because You’re Worth It” cards to both men and women, would it have drawn as much ire?   It seems to me that there is a feminist spin one can put on a gender-neutral “wait until you are ready” message.   But  the “wait until you are married” message privileges “married” relationships over others and erases from the conversation those who are not able to marry (i.e., same-sex couples in most U.S. jurisdictions).  

Yale should be publicizing this in its recruiting materials.    Students there promote  lux ET veritas.

-Bridget Crawford (with hat tip to  Emily Gold Waldman)

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Panels Sought on Masculinity and Manliness Topic

I am seeking two academics to serve on a panel with me at the Association for the Study of Law, Culture and Humanities in 2008 in May.   The topic is the relationship between masculinity and/or manliness and the American Constitution.   While I realize that this topic involves issues of gender discrimination, I am interested in papers that would directly address themes of masculinity and manliness.

Thanks,
John

John M. Kang
Assistant Professor
St. Thomas University
School of Law
16401 NW 37th Avenue
Miami Gardens, FL 33054

email: jkang@stu.edu
voice: 305.474.2460
fax: 305.623.2390
http://sitemaker.umich.edu/johnkang

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Eight Random Facts About Sharon Sandeen

In response to Ann’s tag, here are eight random facts about me. I am still trying to think of who I want to tag. (I was never good at that game.)

1. My first career ambition was to be a jockey, but back then there were not many, if any, female jockeys and I thought I had to refer to female jockeys as”jockettes.”

2. The professor I had for my American History class in college taught me that the proper term to refer to proponents of the right of women to vote is”Suffragists”not”Suffragettes”and that the latter term was used derisively by opponents of the right of women to vote. From this I learned not to use the term”jockettes”or any other word ending in”ette.”

3. I didn’t start my college education at U.C. Berkeley, where I received my B.A. in political science, because I made a decision in high school to learn to play the clarinet instead of taking a required course in Spanish. This led me to meet the aforementioned professor at a local state college and to learn about and be inspired by women throughout history.

4. In the first history class I took at U.C. Berkeley, a class on the Reconstruction era taught by a”preeminent”historian, no mention was ever made of women.

5. Years after reading Twenty Years at Hull House (about Italian immigrant families in Chicago) and the Grapes of Wrath (about farmers hurt by the Dust Bowl), I realized that each book told the story of one side of my family.

6. I am a first generation college graduate and lawyer who worked my way through college and law school, but my accomplishments pale in comparison to what my great-grandparents, grandparents and parents endured.

7. The most important thing I ever learned was my grandmother’s recipe for spaghetti sauce.

8. Regrettably, I don’t know how to play the clarinet or speak Spanish.

–Sharon Sandeen

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Lilly Ledbetter Fair Pay Act Passes House

Yesterday, the House voted 225-199 in favor of the Lilly Ledbetter Fair Pay Act.   Now onto the Senate.   Call your Senators.

– David S. Cohen

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Update on Domestic Partner Benefits at UPS

UPS has now relented and decided to extend health insurance benefits to parties to a NJ civil union.   The NY Times story is here.  -Anthony C. Infanti

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Subway Groping Makes the News

From Manhattan Borough President Scott Stringer’s website:

“[I]t is hard to find a woman who rides the subway who hasn’t been harassed – or who doesn’t know someone who has been.   Our goal is to raise the profile of these crimes, so that the police can formulate a plan to combat them, and so that the victims can be empowered to fight back.”

The report includes this data:

63 percent of respondents reported having been sexually harassed in the New York City subway system.  

10 percent of respondents reported having been sexually assaulted in the New York City subway system.

69 percent of respondents reported having felt the threat of sexual assault or harassment in the New York City subway system.

Of those respondents, 51 percent reported”sometimes”or”frequently”feeling the threat of sexual harassment or assault in the New York City subway system.

96 percent of respondents who indicated that they were sexually harassed did not contact the NYPD and/or the MTA to file a report or seek assistance.

86 percent of respondents who indicated that they were sexually assaulted did not contact the NYPD and/or the MTA to file a report or seek assistance.

The empiricists now have some data to back up what women have been saying for years.  

Groping is not a compliment.   At least on the subway, there  is no  “pleasure/resistance in the interstices of the regime” (in Duncan Kennedy’s words).  

-Bridget Crawford

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FeministLawProf Profile: Ellen Podgor

Ellen S. Podgor is the Associate Dean of Faculty Development and Distance Education at Stetson University College of Law.   She is a co-author of books on white collar crime, criminal law and international criminal law, and has authored articles on computer crime, international criminal law, lawyer’s ethics, criminal discovery, prosecutorial discretion, corporate criminality, and other white collar crime topics. Professor Podgor is also a co-editor of the White Collar Crime Prof Blog.

In addition to her law degree, Professor Podgor earned an M.B.A. from the University of Chicago and an L.L.M. from Temple University. In the fall of 1998, she was a Visiting Scholar at Yale Law School. She was a professor of law at Georgia State University College of Law and has also been a visiting professor at University of Georgia School of Law and George Washington University Law School and held a visiting endowed chair position at University of Alabama School of Law. She is a member of the Board of Directors of the National Association of Criminal Defense Lawyers (NACDL) and the International Society for the Reform of Criminal Law (ISRCL). She is also a member of the American Law Institute (ALI) and an honorary member of the American Board of Criminal Lawyers.

FLP: What is your educational and professional background?

EP: After graduating from law school I joined the prosecutor’s office as a deputy prosecutor in the felony division.   Back in 1976, I was the only woman deputy prosecutor in this division in the Crown Point, Indiana office.   After prosecuting individuals for crimes such as murder, rape, robbery, and other felonies, I entered private practice. I spent  a good number of years in practice and in the last two years received an MBA from Chicago.   I then left private practice to study and receive an LL.M. from Temple U. Law School. To me teaching is the ultimate profession and I have enjoyed and continue to enjoy  the teaching, writing, and service that I am able to do as a law professor.      

FLP: What courses do you teach?

EP: I feel like during my teaching career I have taught  1/4 the courses in a law school curriculum.  But having the experience of teaching constitutional law, agency, family law, criminal procedure, professional responsibility, and women in the law has made me a better  professor in the courses that I do in fact  presently teach. I  am now  settled into my dream course package  of criminal law, white collar crime, and international criminal law. It is wonderful to have courses that match my scholarship.

FLP: How does feminism influence your teaching/scholarship/service?

EP: Feminism is an integral part of  where I have been, where I am going, and who I am.   Every time I approach any subject of law,   I do so from a feminist view.   It is the caring that goes into mentoring students and a perspective I bring to my teaching, scholarship, and service.

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Eight Random Facts Meme – Generation 4

Ann tagged me, so I’m it.   Here are eight random facts/habits about myself and tags to eight other bloggers.  

1.   Books that have influenced my thinking include: The Diary of Anne Frank; The Campfire Girls’ Handbook; The Alchemy of Race and Rights (Patricia Williams); Taxing Women (Edward J. McCaffery); Thoughts in Solitude (Thomas Merton).  

2.   Poetry that  has influenced my thinking includes work by: W.H. Auden, Octavio Paz, T.S. Eliot, Catullus, Emily Dickinson.

3.   Teachers  who influenced me include: Laura Bregar (9th grade history), Candace Waid (college English), Leo Levin (Civil Procedure), Betsy Clark (Legal History), my mother.

4.   Law professors I’d like to meet include: Catharine MacKinnon, Katharine Bartlett, John Langbein, Mari Matsuda,  Anne Alstott, Richard Chused.

5. Law professors I enjoyed meeting within the last week include: Stephanie Hoffer (Northwestern), Henry Ordower (St. Louis University School of Law), Kathryn James (Monash U.), Margaret Chon (Seattle), Lars Smith (Louisville), Adrienne Dale Davis (North Carolina), Daria Roithmayr (USC), Janet Halley (Harvard).

6. Ideas that didn’t make sense the first time around include: game theory, future interests, hobby losses, generation-skipping transfer tax, the Bluebook.

7. Ideas that made sense the first time around include: legal realism, constructive trusts, experiential learning, fiduciary duty.

8. Ideas that I hope will make widespread sense one day: fuel-efficient cars, lovingkindness.

I tag bloggers Chris Rabb at afronetizen, Jim Maule at Mauled Again, Linda Beale at ataxingmatter, Colin Lingle at Big Ink, Anxious Black Woman, Richard Posner at the Becker-Posner Blog, Jonathan Adler at Volokh Conspiracy, and EM at hermanifesta.

-Bridget Crawford

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Eight Random Facts Meme

Got tagged by Dr. Violet Socks so here goes:

1. When I first started law school I wanted to be a union-side labor lawyer, but in my second year I discovered Copyright Law.

2. I didn’t apply for judicial clerkships when I was in law school because I didn’t have the money to travel around doing interviews, and I didn’t think I could afford to spend a year at a clerk’s salary after borrowing so much money for tuition, so I didn’t even apply to local judges.

3. I’m named after a great grandmother who emigrated from Germany as a teenager, but because she died when my grandfather was a toddler, he never got to ask her why, and his father declined to talk about her at all.

4. My dog Reno is named after Janet Reno. Not every woman would think having a dog named after them was a compliment, but I expect Janet Reno could understand this. I used to have a sister-in-law named Janet who wouldn’t have, though.

5. I have the use of five working computers, though three are pretty old and slow. On the upside, no one seems to write viruses for their ancient operating systems any more, so I use them to open iffy attachments and visit sketchy websites.

6. I do a lot of computer support for one of my colleagues, who periodically gives me gifts of really nice fruit. I had other colleagues who used to give me vegetables they had grown themselves, but they have all retired or left. Still another colleague once gave me some perennials for my flower bed but noticed grimly that I accidentally killed them.

7. I never got “wisdom teeth” so I never had to have any extracted. Insert obvious joke here. My dentist told me this might be a happy evolutionary harbinger.

8. I grew up near the farm where Woodstock was held, and lived on a main road that many people used to drive there. I remember standing on my lawn with other neighborhood children and waving at all the hippies. After traffic stopped moving and the rain started, my father invited a number of them to camp out on our living room floor.

I tag: Bridget Crawford, Darren Rosenblum, Kathleen Bergin, Sharon Sandeen, David S. Cohen, Marcia McCormick, Tony Infanti, Tracy McGaugh, Danielle Holley-Walker, Kim Diana Connolly, KC Sheehan, Mary Dudziak, Eric Muller, Liz Losh, Michael Froomkin, Sally Greene, Larry Solum and Nancy Rapoport.

–Ann Bartow

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South Carolina Cocks

Janet Halley should move here! This Outsports writer observed:

… South Carolina may be the only place in the nation, where a stadium full of 80,000 rabid, gun-lovin’ fans will yell”Go Cocks!” without any hint of irony or shame. In South Carolina there are two major NCAA Division 1 schools, South Carolina (The REAL USC) and Clemson. South Carolina’s mascot is the Gamecocks. For those unfamiliar with southern traditions and history, the gamecock is a fighting rooster (the first and real cockfights featured roosters with spurs battling to the death) and it was also the nickname of Thomas Sumter, a famous Revolutionary War hero who was nicknamed”The Gamecock.”

Grown men, who have never heard of WeHo and probably have never seen”Will & Grace,”will wear baseball caps with”Cocks”emblazoned across the front. T-Shirts proclaim”You Can’t Beat Our Cocks”on game day. When USC plays a hated SEC rival or when we used to play Miami, fraternity-sponsored banners adorned the stadium proclaiming”Dem Dogs Can’t Lick Our Cocks”or”The Hurricanes Can’t Blow Our Cocks!” I mean is this not the ultimate for a gay sports fan or what?   …

I think South Carolinians would be okay with postmodern football as long as that means the Gamecocks win!

–Ann Bartow

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Postcockism

What is the difference between being pro-male and pro-men’s rights?   Where is the line between “love of the cock” (in Janet Halley’s phrase) and making cocks the standard against which all are measured?   If we take a post-modern, ironic stance a  la Kathleen Hanna and Bikini Kill  in which critical perspectives and and identities are always fluid, then the differences are tremendous.   One can adopt one position/viewpoint without adopting the other.

But life is lived not only (if ever?) in its interstitial, wink-wink, all-knowing, fluid, postmodern mode.   Most of the time, life means getting up, going to work, making dinner, packing lunches, being a mother, wife, sister, girlfriend, lover, friend, teacher, confidante, student, whatever.   In that life, sometimes there is a fine line between being pro-male and pro-men’s rights.   Sometimes love of the cock leaves women vulnerable to the way men choose to use that cock.   Sometimes post-modernism only exists on paper.

Or maybe not, depending on your perspective.

-Bridget Crawford

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Evidence that Hillary Is Not A Humorless Feminist!

Via Feministing.

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Law Schools Need To Stop Lying!

Seriously, lying to improve Useless News & World Distort rankings is despicable, and yet there is good evidence that it is happening here.

–Ann Bartow

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If I’d Had Black Paint And A Vandalistic Impulse…

loser.jpg

I’d have altered this enormous billboard on Unter den Linden in Berlin to edit out the letter “C” …

–Ann Bartow, with props to Bridget for laughing appreciatively when I suggested this in person!

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Man of Popsicle

Watch (e.g.) Channel 1 at this Popsicle webpage where the Man of Popsicle addresses “beaver trouble” whose “behavior bites.”

Here is what a textbox at this associative webpage says: “Your taste buds are sure to blast off with Firecracker Exploding pops. Each of the mouth watering flavors of Blue Raspberry Bang, Cherry Collision and Cola Blast have a cherry flavored tip packed with popping candies and bursting with excitement.

Cripes. Via Bitch Ph.D.

–Ann Bartow

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Some Recent Writings About Rape

At The Debate Link, describing his fear of being falsely accused of a crime, David Schraub writes (in part):

… First, and obviously, there are some false accusations out there; ideally, having theory and practice available to handle such situations will not be confused with endorsing that situation as paradigmatic. Second, believing that a rape happened is not the same thing as believing that the particular person charged is the guilty party. Remembering that rape prosecutions are part of the criminal justice system writ large, we cannot ignore the racial aspects inherent in this discourse. The racial inequities present in all parts of the criminal justice systems surely are just as extant (if not more so) in rape cases as they are anywhere else. The gap in the theory that currently exists does not fall equally:like so many other things, it disproportionately affects members of subordinated races and classes. Third, not providing avenues for rape defense that are consonant with feminist conceptions of justice drives the accused into the arms of our enemies. We do not expect the guilty, much less the innocent, to forfeit their defense against criminal charge; if the only viable defense procedure is one that denigrates and degrades women, then that is the one they will use. Fourth, perhaps most abstractly, not theorizing in this area makes us the enemy for a class of people which:for better or for worse:has significant social visibility. People who see a given institution or community clamoring for their criminal conviction, without providing any hearing or consideration to their protestations of innocence, will quite understandably be hostile to that institution or community. The American community, to stress, is not clamoring to convict the perpetrators of sexual violence. But insofar as the feminist community only speaks to guilt and not innocence, it can reasonably be viewed in this manner. People who are falsely accused of crimes have (fairly, I think) a lot of moral force in American political discourse. We do not want them devoting that power towards dismantling the feminist project. Bluntly, I don’t think our footing is solid enough to withstand the assault. …

At Adonis Mirror, contemplating a judge’s ruling that a woman could not use the word “rape” in describing what happened to her, Rich writes (in part):

… While Men’s Rights activists might complain about males being raped in prisons, as if feminists are responsible for it and are expected to stop it on their own somehow, they never make any complaints about their brethren making light of sexual assault.

Consider that men even have an acronym for their jokes about prison rape, PMITA or”pound me in the ass.”In the following Google search, you can see the acronym used by both conservative men and liberal peers at The Huffington Post (“I want to see Karl Rove in PMITA prison with no one to pardon him. That would be sweeeeeeeeeet.”)

http://www.google.com/search?q=PMITA

Or the parody that the Derrick Comedy troupe (a group that performs at the Upright Citizens Brigade) did entitled”Bro Rape,”a supposed parody of Dateline NBC’s pedophile stings. Each of the male rapists was caught with a”big black dildo”in his possession, the punch line being that the single black actor posing as a rapist came to his victim’s apartment with an entire bag filled with them. While the average YouTube viewer might get a laugh out of it, a safe chuckle because the satire ignores the very existence of women, it’s still part of the same cultural prerogative that is working to normalize male violence, whether it’s visited upon other men or women.

If Judge Jeffre Cheuvront finds the word rape unfairly prejudicial in his courtroom, he needn’t for long. Men’s trivialization of the word started over a decade ago when liberal nice guy, Carlin Romano, joked about raping Catharine MacKinnon in the pages of The Nation. He did this to refute that words have physical power and her 1994 book, Only Words. …

Two men who identify as feminists with two very different concerns.

–Ann Bartow

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4th Carnival of Radical Feminists!

Up at AROOO.

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More About Law Prof Blogging…

Recent scholarship on this topic includes:

Nancy Levit, Scholarship Advice for New Law Professors in the Electronic Age

J. Robert Brown, Blogs, Law School Rankings, and the Race to the Bottom

Jan Ryan Novak and Leslie A. Pardo, The Evolving Nature of Faculty Publications

–Ann Bartow

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Amsterdam’s Homomonument

homomon.jpg

Read more about it here and here.

Amsterdam was a place that had a lot of danger, but also a lot of appeal.

–Ann Bartow

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Let’s See Whose is Bigger

The measuring (of blog readership, that is) continues over at Concurring Opinions. Sigh.

-Bridget Crawford

Update by Ann: Dave Hoffman updated his post here.

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WSJ on the Pathology of Equality Projects

The left is obsessed with inequality, according to Professor Arthur Brooks of Syracuse University’s Maxwell School of Public Administration. Writing for the Wall Street Journal (link here requires registration) on July 19, 2007, Brooks says:

The general view among liberals is that economic inequality is socially undesirable because it makes people miserable; they propose to solve the problem through redistributive policies such as higher income taxes….[E]vidence reveals that it is not economic inequality that frustrates Americans. Rather it is perceived lack of opportunity.

Brooks has not written about feminism, to my knowledge. But what application would his claim have to feminism? Presumably Brooks would argue that feminists improperly focus on actual inequality between men and women, instead of equality of opportunity for men and women. In other words, feminists should not ask whether men and women are in substance treated equally to men, but whether they have the chance to be treated equally. This is a version of the formal equality (Reed, Frontiero) vs. substantive equality (Cal. Fed. v. Guerra) analysis that runs throughout much of feminist jurisprudence.

The formal/substantive binary is misleading in both Brooks’ economic analysis and in feminist theory. Economic inequality and inequality of opportunity intertwine. Those who have more opportunities typically have greater earnings. Those who have fewer opportunities typically have less earnings. So, too, are women’s formal equality and substantive equality linked. Without one, the other is meaningless.

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Remembering the Victims of the Holocaust

Today I visited the Sachsenhausen Concentration Camp, outside of Berlin.   The camp’s watchtower  appears in the photo at right.   I learned many things on this visit – among them, that the camp had a brothel for the male prisoners.   The women working in Sachsenhausen’s brothel were slave laborers from the nearby all-female Ravensbruck Concentration Camp.

Earlier this year, the Daily Mail  (UK)  carried this article on the still-being-uncovered history of the abuse of women in the Sachsenhausen Camp:

[A female slave’s] ‘clients’ were prisoners like her, worked until they dropped, starved, beaten and in constant danger of death. But for ‘good behaviour’ — if such a phrase can be used about the twisted morality of those terrible camps — these slave labourers would be rewarded with vouchers and the chance to have a woman.

Though it might mean abusing another human being in just the way they were being abused, the men usually grabbed the opportunity. * * *

On pitiful rations, [women in the Ravensbruck Camp] slaved away in work battalions before returning to overcrowded, lice-ridden barracks. Disease was rife, death commonplace. ‘Everything seemed calculated so that the prisoners die without actually being killed,’ she decided.

But it was from this sad reservoir of humanity that hundreds were picked out, flattered, fattened up, groomed and allowed to grow their hair before being sent as sex slaves to other concentration camps.

The brothels they went to were sanctioned personally by Heinrich Himmler, the demonic head of the SS. He saw offering rations of sex to male prisoners if they worked hard as another way of controlling and manipulating them. The rabidly homophobic Himmler also believed these facilities would stop love-starved men resorting to homosexuality.

There was a ready supply of women at Ravensbruck to fill the bedrooms he ordered built, first at Mauthausen, then at Buchenwald and eventually at ten camps in all. Some women had to be coerced, others were deceived, but there can be little doubt that some volunteered. They grabbed at what they thought was a lifeline. * * * It is the fact that some women collaborated and went willingly to become sex slaves that makes this subject controversial.   Sex in the camps has always been a difficult area for survivors to talk about and for historians to discuss.

‘Hardly any other part of concentration camp history has been so repressed and so tainted with prejudice and distortion,’ says the Ravensbruck museum director, Insa Eschebach.

More information on Sachsenhausen is available here from the University of Minnesota’s Center for Holocaust & Genocide Studies.

-Bridget Crawford

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Ruth Marcus, Person of Cleavage

That is how she describes herself in this WaPo column, entitled Pretty Formidable in Pink. Below is an excerpt:

… Clinton has a three-decades-long record of working on issues related to women and families, and she’s seeking the presidency at a time when national security is paramount. If she’s talking more about Iraq than family and medical leave, that’s less about trying to overcompensate for the inconvenient fact of her gender than what issues are at the top of voters’ agendas.

But as a columnist who happens to be a woman — you may have noticed, there aren’t too many of us — I understand what Edwards means. In fact, I initially resisted writing about her comments, reluctant to be pigeonholed as a “woman columnist” and not taken seriously by the Big Boys.

Clinton faces that challenge on a grander and more complex scale. Any woman in the post-Sept. 11 world faces an extra hurdle in convincing some voters that she’s strong enough to be commander in chief. Clinton has the extra challenge of appearing simultaneously formidable and likable, commanding and not cold, smart and approachable.

Indeed, even as Clinton was getting slapped by Edwards for playing down her gender, she was being dissected by Post fashion critic Robin Givhan for showing cleavage: “It was startling to see that small acknowledgment of sexuality and femininity peeking out of the conservative — aesthetically speaking — environment of Congress.” Givhan contrasted Clinton’s decolletage with the more abundant display by Jacqui Smith, the new British home secretary, and her complaint seemed to be that Clinton was showing too little, too unassertively.

Might I suggest that sometimes a V-neck top is only a V-neck top? As a person of cleavage, I’d guess that Clinton’s low-cut shirt simply reflected a few centimeters of sartorial miscalculation, not a deliberate fashion statement. …

Via The Garance. And, see also.

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Fear And Loathing In the Judicial Clerkship Hiring Process: Avery, Jolls, Posner and Roth, “The New Market for Federal Juicial Law Clerks”

Article with survey data about misbehaving judges here, with an overview of same at the WSJ Law Blog. Here is the abstract:

In the past, judges have often hired applicants for judicial clerkships as early as the beginning of the second year of law school for positions commencing approximately two years down the road. In the new hiring regime for federal judicial law clerks, by contrast, judges are exhorted to follow a set of start dates for considering and hiring applicants during the fall of the third year of law school. Using the same general methodology as we employed in a study of the market for federal judicial law clerks conducted in 1998-2000, we have broadly surveyed both federal appellate judges and law students about their experiences of the new market for law clerks. This paper analyzes our findings within the prevailing economic framework for studying markets with tendencies toward “early” hiring. Our data make clear that the movement of the clerkship market back to the third year of law school is highly valued by judges, but we also find that a strong majority of the judges responding to our surveys has concluded that nonadherence to the specified start dates is very substantial — a conclusion we are able to corroborate with specific quantitative data from both judge and student surveys. The consistent experience of a wide range of other markets suggests that such nonadherence in the law clerk market will lead to either a reversion to very early hiring or the use of a centralized matching system such as that used for medical residencies. We suggest, however, potential avenues by which the clerkship market could stabilize at something like its present pattern of mixed adherence and nonadherence, thereby avoiding the complete abandonment of the current system.

Via Leiter. Here is a quote pulled from the article:

[T]he current non-system makes applicants see judges behaving in ways which are unseemly, to put it mildly. That view of our behavior will inevitably shape what these people think of the judiciary. To the extent that many of these applicants will become leaders in the bar and in politics, we will as judges reap what we have sown. They will hold us in contempt and will not be wholly wrong.
−Federal appellate judge, 1999

It is a seriously depressing read, even though the authors stuck to timing issues, without exploring the financial costs imposed on interviewees, or negative experiences unrelated to timing, such as objectionably personal questions and outright sexual harassment.

–Ann Bartow

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I’m Not Taking A Break From Feminism

But it was still interesting and enjoyable to debate Janet Halley’s book, Split Decisions: How and Why To Take a Break From Feminism on an Author Meets Reader panel here at the Law and Society Annual Meeting. The other participants included Bridget Crawford, Darren Rosenblum, Daria Rothmayr, Adrienne Davis and Janet Halley herself, who was generous with her time and attention towards the panelists and the audience members, even the people who disagreed with her a lot, which included me. I’ll write in more detail soon about why I think many of her central claims are wrong, but I’d still recommend reading the book. It is well written and interesting, and will make you think hard about what feminism is and what it means to you.

–Ann Bartow

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Front Page News In South Carolina: “Girl Violence On The Rise In Schools”

Here is an excerpt from a story by Devon Marrow published on 2006-10-16, Page A1, in The State newspaper (Columbia, SC):

Girls today, according to national crime statistics, are more violent than girls of two or three decades ago.

The statistics show:

• A rise in aggravated assault arrests

• Girls account for about a quarter of assaults by juveniles. In 1980, it was less than 10 percent.

• About 75 percent of the time, the victims are other girls.

In South Carolina the numbers are about the same, according to the latest available figures tracking school crime. Girls account for 28 percent of violent crime arrests.

Naturally the explanation provided for this is as one might expect:

WHY GIRLS FIGHT

Waldrop said she has had one fight this year involving girls. The two were fighting over a boy, which officials said was also the case in the White Knoll incident.

“Boys by far have always been trigger points for violence,”said Kimberly Blanchard, executive director for the Augusta Chapter of Girls Inc., a nonprofit organization offering outreach programs to girls.

“I don’t know (why) students have turned to (arguing and violence) as opposed to turning around and walking away,”Blanchard said.

Experts cite a mix of factors. Today’s girls, unlike girls of three decades ago, are encouraged to be competitive and confrontational.

I suspect at least part of the change is that violence is officially addressed more quickly than it used to be, so there is more reporting of incidents that might have been previously ignored. The reason this was front page news is doubtlessly because girls are supposed to be relentlessly nonviolent, and any deviation from this gendered norm is a Serious Social Problem. I don’t condone violence at all, but I think this kind of sensationalist reporting is sexist and wrong. Statistically hanging around a group of girls is still a whole lot safer than hanging around a group of boys, but of course the article doesn’t mention that!

–Ann Bartow

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“Turn Down The Heat On Clinic Protests”

Gloria Feldt discusses abortion clinic protests here.

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“Much ado about Pratibha Patil”

Ammu Joseph discusses media coverage of the election of India’s first female President here.

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FeministLawProf Profile: Felice Batlan

Professor Felice Batlan explains how feminism has affected her career, her life, and how she continues to allow feminism to guide her teaching.

Like so many women my path into my professional life had multiple turns and forks. When asked the simple question of what I do, or even what I teach, my responses often vary depending upon the situation. At times, I imagine myself as the perfect example of the post-modern being – a person with multiple identities and selves. I am a professor, lawyer, historian, and feminist who teaches corporations, legal history, gender and the law, feminist theory, and securities law. Surprisingly, I am equally comfortable teaching all four but when forced, I label myself a feminist legal historian.

I can’t remember a time when I was not a feminist. I went to Smith College seeking a community of women scholars and it is at Smith that I discovered late-ninetieth century middle-class women’s reform organizations as well as early twentieth century women’s trade unions. From the challenging intellectual but nurturing world of Smith, Harvard Law School was a shock. In 1987, there were still only four full-time women faculty and the study of women often at the forefront of my classes at Smith, almost disappeared from the curriculum. Critical Legal Studies and legal history became a site of comfort for me. Something that I could understand, that seemed vaguely rebellious, and that profoundly questioned the dominant paradigms of law. I became entranced by nineteenth century legal history but couldn’t understand where all the women went, they disappeared between the two hour drive between Northampton, Massachusetts and Cambridge. Working at the Harvard Women’s Law Journal, I was able to partially assemble a community of women and found my way to the scholarship of Catharine MacKinnon, Robin West, and Mary Jo Frug. The deal that I made with myself went something like this: for every two law cases I read, I allowed myself ten pages of feminist legal scholarship.

Although I had always intended to become a professor, the pull of a law firm was too much to resist and I found myself practicing securities law in New York, first in private practice and then at an investment bank. At a very young age, I superficially became what I thought the post-second wave liberal feminist should be – an independent woman with money and access to power who functioned in an almost entirely male environment of Wall Street investment bankers, traders and salesmen. I was attracted to the unabashed machismo of that world. I was in a sense viewed by my superiors and myself as an experiment. Could a woman make it here? Through the years, however, I slowly began to lose myself and became deeply intellectually and politically unfulfilled.

Exactly how it happened I am unsure, but at the age of thirty-two I found myself back at graduate school pursuing a Ph.D in history with the idea that I could somehow combine the women and gender history that I was immersed in at Smith with the legal history that I learned at Harvard. I strongly believe that women’s legal history has the potential to seriously challenge and rewrite the traditional paradigms and stories of legal history. Currently, I work on the role of women and gender in the creation of public interest lawyering in the late nineteenth and early twentieth century. More broadly, I argue that it was through concepts of gender that the nascent regulatory and welfare state of the early twentieth century came into existence. Although I have had tremendous support from some scholars, I am still often struck by the amount of resistance that I face when arguing that women and gender played important legal roles in the nineteenth century in a multitude of ways.

This summer, I had two remarkable experiences. First I participated in a three day international, multi-disciplinary workshop on Gender and the Welfare State in Onati, Spain. I felt blessed to be in the presence of such remarkable scholars devoted to employing feminist methodologies, and horrified as we collectively identified the erosion of the welfare state and its extraordinary affects on women world wide. From Spain I traveled to Guangzhou, China where I taught securities law to Chinese attorneys who were to spend the fall semester at Chicago-Kent Law School. To my amazement, twelve of my ten students were women. These women, all highly intelligent and ambitious, faced the same problems that women lawyers face in the West – the difficulty of balancing work and family, traditional cultural expectations of being good wives and mothers, the disappearance of a state that provides for the welfare of its citizens, and the implications of living in a consumerist society in which ubiquitous advertisements tout the importance of youth, beauty, and hyper-femininity. Although teaching securities law, I secretly wondered what it would be like to discuss gender and the law.

At the beginning of each semester, I ask my students”What is feminism?”For me, feminism is a method of critical inquiry that insists upon asking what does it mean to be a man or a woman, how such concepts are produced, and the implications of such constructions. It also asks the broader question of why inequality exists and how it is created. Ultimately, I have come to realize that feminism at its best is a powerful form of humanism that propels us to aim for a utopian dream of universal well-being.

-Felice Batlan

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Feminism Once a Month

From the FLP mailbox, this request to support feminist radio in NYC (available streaming on the web, too):

This Thursday, July 26, between 3 and 6 PM, Joy of Resistance: Multicultural Feminist Radio @ WBAI (99.5 FM) will offer a 5-CD set of recordings from The SisterSong Conference: “Let’s Talk About Sex!”–as part of WBAI’s Summer Fundraiser. The program will be hosted by Maretta Short and Fran Luck.

In June, the largest gathering ever of Women of Color coming together to organize around sexuality and reproductive issues took place in Chicago:the SisterSong Conference: “Let’s Talk About Sex”. According to Loretta Ross, National Coordinator for SisterSong “This was the largest women of color gathering in reproductive justice history–women of color and our allies came to this conference to formulate a plan for a pro-sex, pro-choice, pro-family reproductive justice movement that is organized by women of color and based on our needs.”

We are proud to announce that Joy of Resistance was able to locate a complete set of recordings of this historic conference–the next best thing to having been there –and for a $100 pledge of support for the station, listeners will receive a gift of this 5-CD package * * * We are asking you to pledge for this amazing package not only because it contains so much of importance, not only because your pledge will support the precious and always endangered existence of listener-sponsored progressive radio–but in order to show your support for Joy of Resistance–the only feminist space at WBAI. We are currently still on only one time a month (or less–as we are often pre-empted for fundraising). We are in the process of trying to get more airtime for feminism on WBAI, but this will happen only if we can demonstrate that there is a large feminist audience that supports this kind of programming. With all of the recent major attacks on the gains of women, there is more than ever a need for feminist media to inspire, inform, and to help our still growing and revolutionary movement to reach its potential. * * * If you are not in the Tri-State area and cannot listen on the radio, you can stream WBAI live on the web by going to www.wbai.com ….

–Bridget Crawford

Hat tip: Vanessa Merton

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Blogging From Amsterdam

From the Bibliotheek, where the Internet is free! As opposed to my hotel, where it costs $22 euro (about $30, ouch) a  day, and I am far  too cheap for that. The  museums (especially this one) and the architecture and canals  here  are great. Being repeatedly asked if  I am a “working girl” and dodging the stoned and puking  people filling the streets  is quite a bit less fun.   Did a fantastic 35 kilometer bike tour of the countryside today, and I’m off to Berlin tomorrow. Hope to see many of you at Law & Society.

–Ann Bartow  

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