“A former Fresno State volleyball coach was awarded $5.85 million Monday by a jury that ruled the school discriminated against her for speaking up on behalf of female athletes.”

Story here.

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Interview With Catharine MacKinnon

Listen here.

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Express Yourself at Work!

The New York State Senate and the New York State Assembly  have approved a  bill that would provide certain protections for women who wish to express breast milk while at work.   The bill is now awaiting Govenor Spitzer’s signature.  

According to the New York State Senate website, the bill “provides that an employee shall have the right to express breast milk at work; requires employer to make reasonable efforts to provide a location for a woman to express milk in privacy; prohibits discrimination.”

Here’s the text, amending the state’s labor laws:

§   206-c. Right of nursing mothers to express breast milk.   An employer shall provide reasonable unpaid break time or permit an employee to   use paid   break   time   or meal time each day to allow an employee to express breast milk for her nursing child for up to three years following   childbirth.   The   employer shall make reasonable efforts to provide a room or other location, in close proximity to the work area, where   an   employee can   express   milk in privacy.   No employer shall discriminate in any way against an employee who chooses to   express   breast   milk   in   the   workplace.

-Amanda Kissel and Bridget Crawford

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FeministLawProf Profile: Lolita Buckner Inniss

Lolita Buckner Inniss has served on the faculty at the Cleveland-Marshall College of Law, Cleveland State University since 1998.   She also serves as a graduate associate of the Institute of Feminist Legal Studies at Osgoode Hall Law School, York University, in Toronto, Canada, where she is a candidate for the PhD.   Professor Inniss has an AB from Princeton University, a JD from the University of California at Los Angeles, and an LLM from Osgoode Hall Law School, York University.   Professor Inniss currently teaches Property Law, Criminal Law, Race and the Law and Law in Literature and Film. Her current research is in the areas of critical legal rhetoric, comparative racism, and law in film.   Her blog, racelawinniss,  is here; her scholarly papers are posted at ssrn here.

FeministLawProfessors recently asked Professor Inniss, “When did you first make a connection between feminism and the law?”

LBI: Much of my scholarly work has been in the areas of immigration and race, and it is only in the past three or four years that I have addressed a specifically feminist agenda.   However, there have always been feminist implications to my work and one might even say that the feminist agenda has been percolating within me for quite some time.    

In the black neighborhood in Los Angeles where I grew up in the 60’s and 70’s, much of the focus of my family and my community was on empowering black people.   There were many pressing issues that oppressed black people:poverty, poor schools, growing crime (this was the same period in which violent street gangs began to wreak havoc), and police brutality were just a few of the problems we faced.   Black women are, of course, to be accounted among black people, but in the case of the uplift movements in my community, and in the case of many such movements for racial advancement, gender issues took a back seat to what was perceived as the more important and broader agenda for racial advancement.  

We shook our fists and shouted slogans such as “Black Power!” (even we little kids) but all too often the black feminist agenda was left by the wayside.   Suppression of the black feminist agenda seemed to be the sacrifice demanded for a meaningful black solidarity.   None of this was ever made explicit.   We were poor and working class folks who embraced the black liberation movement and served it in the small ways that we could given our limited access to power.   For example, we voted for candidates of color when they managed to get on the ballot, cheering when the late Thomas Bradley, the first and only black mayor of Los Angeles, first ran for office in 1969.   Bradley lost to a white opponent in a starkly race-baiting campaign, but nonetheless Bradley’s run, along with the  general sense of hope that came with each advance gained, empowered and emboldened  the black community in ways that were large and small.   By contrast, when Congresswoman Shirley Chislom sought the Democratic nomination for president in 1972, her candidacy was met with a preternatural silence in my community and in my home, despite my own elation.   We were for change, we were for change on a big scale.   But I guess not for that much change.   I pondered this as I watched the unfolding of the Black Power agenda.

Flush with new found pride we wore African-inspired clothes and hairstyles.   We hung calendars featuring Martin Luther King and other stalwarts of the Civil Rights movement on our walls.     Those of us who were more daring also put pictures of Stokely Carmichael and Malcolm X on the walls.   A few people like me, perhaps ever destined to be on the margins, hung a photo of Angela Davis on our walls, that is, until my mother made me take it down.   Black Power was a well accepted notion by then, but Angela Davis was, for my parents and for some of the black people in my neighborhood, scary.   A highly educated young black woman philosophy professor at UCLA who was an acknowledged feminist and communist was just too much for some to take.  In my child’s mind, though, Angela Davis made the black liberation movement make sense.

I kept the picture of Angela Davis in my drawer along with my nascent feminist thoughts, but I didn’t completely forget about her.   I grew up and went to college at Princeton where I studied French literature, like Angela Davis had in her undergraduate years.   During college I traveled to Haiti and wrote a thesis about a Haitian women writer whore work challenged the excesses of the Duvalier regime.   After college I wasn’t sure of what to do so I took one of the traditional routes of the undecided:I enrolled in law school.   I found myself back home at UCLA, walking the grounds where several years before Angela Davis had taught.   Law school was great, and law practice after that was enriching (despite a winding road), but it was several years later when I began law teaching that I truly found myself.

When I first began teaching I wrote about immigration law.   Later I expanded my work to include discussions of race and the law.   In recent years I have developed an interest in comparative racism and gender discrimination with a focus on the United States and Canada.   Last year I completed a research based   LLM at Osgoode Hall Law School, York University in Canada, where I continue in the PhD program.   In  my dissertation I use critical discourse analysis to assess the positioning of black women in U.S. and Canadian case law.   With this work I have pulled the photo of Angela Davis out of the drawer.  

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Eugene Volokh Defends Female-Free Federalist Society Events

Here. No wonder he has to pose all his questions about menstruation on his blog.

–Ann Bartow

Update: A telling exchange culled from the comments:

David Bernstein wrote:

Unlike most Fed Society events, the panels at the Bork event were almost entirely composed of Fed Society people, mostly law professors. I can tell you from attending some Fed Society faculty events that there aren’t many women faculty willing to publicly identify as Federalists, whether that’s because they disproportionately don’t share the ideology or because of other factors I don’t know. So let’s turn the question around on Muller and Dudziak: instead of asking why the Federalist Society doesn’t invite women to speak, let’s ask why either (a) women faculty with Federalist-type views don’t become active in the Federalist Society (peer pressure on women not to be seen as “right-wing”); or (b) legal academia discourages women with Federalist-type views from joining it to begin with. I can see either or both of these things being a problem–female colleagues at George Mason who are quite conservative or libertarian are constantly assumed to be liberals by people at other law schools, and are asked things like, “how do you put up with being around all those ‘conservatives’.”

Eric Muller replied:

David, is it really your view that conservative men have the courage (I shall not say “balls”; that would not be fair) to identify themselves as Federalists, but conservative women do not?

If there is a chilling effect in academia of the kind you describe, then what, in your view, explains its differential operation on men and women?

And then Bernstein again:

I’m sure that there is a lower baseline of women at elite law schools with Federalist-type views than men. But I also think that women “right-wingers” are given a harder time than are men, because women are “supposed” to be left-wing. It’s not a question of “courage,” as such, it’s a question of whether the level of discrimination one faces to get into the academy, and the level of ostracism one faces once one is in the academy, is worth it on a marginal basis. Is there a male-female difference in willingness to be a lightning rod for critics from your own and other faculties (one lone libertarian I know on an elite faculty gets visits from some liberal colleagues whenever they feel the need to vent about Bush Administration policies, even very unlibertarian ones)? I don’t know, but I do believe that a woman, who adopts conservative positions is more likely to be a lightning rod to begin with.

I think Bernstein has just explained why women law profs might have different perspectives and experiences than men, but will he convince Volokh? Finally, Joe Slater trenchantly noted:

… thanks to David Bernstein for explaining how the lack of female participation at least some federalist events is the fault of liberals. I mean, if there’s a problem of any kind, anywhere, who else’s fault could it be?

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Apparently South Carolina Is A Girl State

Here are the lyrics to the Official Song of the State of South Carolina:

Carolina
Written by Henry Timrod
Composed by Anne Custis Burgess
Hold up the glories of thy dead;
Say how thy elder children bled,
And point to Eutaw’s battle-bed.
Carolina! Carolina!
Throw thy bold banner to the breeze!
Front with thy ranks the threatening seas
Like thine own proud armorial trees,
Carolina! Carolina!
Thy skirts indeed the foe may part,
Thy robe be pierced with sword and dart,
They shall not touch thy noble heart,
Carolina! Carolina!
Girt with such wills to do and bear,
Assured in right, and mailed in prayer,
Thou wilt not bow thee to despair,
Carolina! Carolina!

Emphasis added. Some cringing as well.

Update: North Carolina is female too! And so is Maryland, which takes some of the “worst state song” pressure off the Carolinas with these lyrics:

I hear the distant thunder-hum,
Maryland, My Maryland!
The Old Line’s bugle, fife, and drum,
Maryland, My Maryland!
She is not dead, nor deaf, nor dumb-
Huzza! she spurns the Northern scum!
She breathes! she burns! she’ll come! she’ll come!

Maryland! My Maryland!
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Sometimes Nora Wants A Penis

Read this Mimi Smartypants post for the details.

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Adult Entertainment, The Movie

Watch a preview here or here. Here’s a short synopsis:

Award-winning director Lance Tracy balances science with humor to create a documentary about the effects of porn that is informative, compelling, and unsettling. Tracy conducts an experiment with 3 on-camera subjects and 100 off-camera subjects to determine porn’s effects. The effects of a 30-day regimen of porn, are both illuminating and dismaying. Join Ron Jeremy, Sharon Mitchell, Art Alexakis, Larry Flynt, Dr. Reisman and Robert Weiss in the debate.

Film website here.

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Feminist Law Profs and Friends Meet-up at Law & Society

E-mail me for details!

–Ann Bartow

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“Hairy Legs and All”

From Skirt:

Last year on a trip to New York, during which I forgot my trusty Venus Divine triple-blade lady razor with the smooth strip and had to choose whether or not to use the hotel-provided single blade disposable (which in my case not only ensured hair removal, but also the removal of strips of skin), I didn’t shave for a week. I wore skirts and sleeveless tops anyway; it’s not like I’d run into anyone I knew in New York City. And a week’s stubble wasn’t all that bad. But it did get me thinking: Why was I shaving in the first place?

The only answer I could come up with is because it was a rite of womanhood, like my first period. My older sisters, both teenagers by the time I was eight, possessed pretty pink Lady Bic razors. But I didn’t know why I was actually shaving or, more to the point, why women were supposed to shave. If the hair grows, why work so hard to remove it? I decided to do a little research and, until I could resolve the issue, also decided to stop shaving.

End of Week One: According to a 1982 article from the Journal of American Culture by Christine Hope entitled “Caucasian Female Body Hair and American Culture,” we were originally enticed into shaving our underarm hair by a marketing onslaught that began in 1915 with an ad in Harper’s Bazaar for a depilatory product that informed the reader, “Summer Dress and Modern Dancing combine to make necessary the removal of objectionable hair.” Women’s razors didn’t show up in the Sears Roebuck catalog until 1922, the same year the company began offering sleeveless dresses. In the 1960s, as the Sexual Revolution progressed and it became acceptable to venture outdoors in less clothing, we had to remove more hair. The birth of the bikini also meant the birth of the bikini wax, and today’s thongs require a more severe version called “The Brazilian.” Advertising campaigns have been promoting hair removal products to make us “sexy” and “silky smooth” for nearly a century now. How could we possibly resist?

Week Three: It’s freeing not spending 15 minutes every other day shaving in the shower. I think about all of the other things I can do with that time, adding it up in my head while I soap my stubble (15 minutes three times a week, 52 weeks in the year, adds up to…what? I didn’t have a calculator in the shower, but it works out to 39 hours a year). …

Read the rest of this essay by Kelly Love Johnson here.

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The Percentage of Female Law Students Declines

According to these statistics from the American Bar Association, the percentage of female J.D. candidates declined from 47.5% in 2005-2006 to 46.90% in 2006-2007.   The drop is attributable to a decline in 1L female enrollment (46.90% in 2005-2006 vs. 46.30% in 2006-2007).   Overall J.D. enrollment increased.

-Bridget Crawford  

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More on”Super Size Me and the Conundrum of Race/Ethnicity, Gender, and Class for the Contemporary Law-Genre Documentary Filmmaker”

An anonymous  commentor responded to the post about Professor Regina Austin’s article,”Super Size Me and the Conundrum of of Race/Ethnicity, Gender, and Class for the Contemporary Law-Genre Documentary Filmmaker:”

Being black or any other race does not make it an excuse for bad eating habits. The idea that McDonald’s or other fast food chains that have more stores in poorer areas are responsible is not correct. It’s almost like putting the blame on the convenient stores for selling alcohol. It’s there, why purchase it if you don’t drink anyway? It’s the individual’s responsibility to walk in there and pay money, whether they are rich or poor.

Professor Austin responds:

I agree with two of the points you made.   Fast food needs to be healthier and cleaner, and individuals should take responsibility for the food they eat.   We should acknowledge, however, that without the Pelman lawsuit there would have been no Super Size Me.   The lawsuit and the documentary that followed were vehicles for bringing to the attention of many Americans the need to improve the quality of fast food and to change the industry’s advertising campaigns, especially those aimed at children.   In fact, the lawsuit is proceeding with regard to advertising representations made by McDonald’s.   Furthermore, if consumers are to exercise personal responsibility, they need information about the nutritional value of food and choices of healthier alternatives to eat.   Individual responsibility is inextricably connected to corporate social responsibility.   I purposely did not link fast food restaurants to liquor stores or convenience stores selling alcoholic beverages in poor and or minority communities.   Unlike alcoholic beverages, fast food has nutritional value; furthermore the relatively high quality and low cost of the fare make some fast food restaurants especially important in places where consumers have limited resources and are struggling to do the best for themselves and their children.   The issues raised by the lawsuit and Super Size Me present a conundrum requiring careful analysis indeed.  

-Regina Austin

Professor Austin’s article may be downloaded here.

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The Limits of Applied Third-Wave Feminism: The Case of Prostitution

As in the discussion in yesterday’s post of mandatory domestic violence prosecution, feminist debate about prostitution shows how respect for women’s autonomy can lead to the condonation of practices that disadvantage women.   For example, advocates for prostitutes’ rights assert that women should have the right to choose their own work and to use their bodies for economic gain.   Feminist opponents of prostitution view it as a form of contemporary slavery created by poverty, economic pressure, prior sexual abuse, domestic violence and the lack of meaningful employment opportunities for women.[1]   These oppponents of prostitution believe that calling prostitution “work” leads to a systematic devaluation of women and girls in society.

Third-wave feminists for the most part ignore or gloss over the social and economic conditions that lead to prostitution.   They view a woman’s decision to engage in prostitution as an economically-savvy way of maximizing her own assets.   Third-wave feminists see prostitution, like nude dancing, as just another way of exploiting women’s exploitation, or in other words, taking advantage of men’s apparent need to sexualize and degrade women.   For third-wave feminists, it is the prostitute, not the john who has the morally (and perhaps economically) superior position in the relationship.   Yet the voices of the third wave are the voices of privileged women who have the time, education and economic ability to write for publication.   As a group, third-wave feminists embrace a “traditional liberal theory, which is committed to autonomy, individualism, and minimal state interference in private choice,”[2] more so than any sustained critique of relations between men and women.   This theoretical weakness arises, in large part, from third-wave methodology itself.   If the hallmark of third-wave feminism is a self-centered privileging of the individual narrative, then gender subordination and social structures, like prostitution, that reinforce that subordination, remain outside the third-wave analysis.

Footnotes follow;  law profs love footnotes.   We can’t help it.

-Bridget Crawford


 [1] Dorchen Leidholdt, Prostitution: A Contemporary Form of Slavery (1998), available at http//www.uri.edu/artsci/wms/hughes.   Leidholdt critiques the distinction between “forced” and “voluntary” prostitution:            

By limiting the pool of people who can be identified as victims while simultaneously protecting large segments of the sex industry, this is the best gift that pimps and traffickers could have received.   This distinction creates a vision of prostitution that is freely chosen’ a vision that can be maintained only by ignoring all of the social conditions that force women and girls into   conditions of sexual exploitation.   The proponents of this distinction are sending the following message: “Don’t pay attention to the poverty, the familial pressure, the incest she survived, the battering by her boyfriend, the lack of employment options available to her.   Just as whether there is a gun pointed at her head or whether she is being overtly deceived.   No gun, no deceit; then no problem.

[2] Jody Freeman, The Feminist Debate Over Prostitution Reform: Prostitutes’ Rights Groups, Radical Feminists and the (Im)Possibility of Consent, 5 Berkeley Women’s L.J. 75,  86 (1989-90).  

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“African Writing Online”

“Many literatures, one voice.” Check it out here!

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A Third-Wave Feminist Perspective on Mandatory Prosecution of Domestic Violence Cases

One question underlying much of my recent research and writing is whether (and how) the law can respond to changes in cultural expresions of feminism.   Many young women  have embraced the “third-wave feminism” label, intending to signal an feminist identity  that is ironic, hip and fluid   – and above all, different from the feminists of the 1970s and 1980’s.   Whether or not one buys into the whole wave metaphor (I myself think it misleads), what would a law informed by third-wave feminism look like?   Consider this thought experiment applied to the issue of domestic violence (with footnotes, for the sticklers among us).

Every state provides some legal protection for battered women,[1] but the effectiveness of domestic violence laws depend largely on local implementation.   Some jurisdictions have a “mandatory prosecution rule” that gives the prosecutor, not the victim, the  discretion to pursue  legal action against the batterer.   This policy has been called “the enlightened approach to domestic violence prosecutions,” insofar as it “takes the decision of whether or not to prosecute the batter off the victim’s shoulders and puts it where it belongs: in the discretion of the prosecutors whose job it is to enforce society’s criminal laws and hold offenders accountable for their crimes.”[2]   In other words, once a victim has reported domestic violence, she or he loses any ability to control whether the perpetrator is prosecuted.   Critics of mandatory prosecution point out that such policies do not necessarily lead to a reduction in domestic violence.[3]   Furthermore, critics claim, “mandatory interventions reinforce the battered woman’s psychic injury and encourage feelings of guilt, low self-esteem, and dependency . . . [m]andatory interventions may have the ironic effect of realigning the battered woman with the batterer.”[4]   That is, by taking out of a woman’s hands the ultimate decision whether to prosecute her batterer or not, domestic violence laws reduce women’s agency.   In a mandatory prosecution regime, a woman would not be free, for example, to decide to “ignore” or “overlook” the battering for her own idiosyncratic reasons.

Third-wave feminists’ consistent emphasis on the importance of individual choice and preference could be translated into a critique of mandatory domestic violence prosecution policies.   If the law takes seriously the notion that women’s autonomy and decision-making must be respected, then the law should permit individual women to decline to pursue cases against their batterers.   This extension of the third-wave philosophy has a certain egalitarian appeal, but it also fails to recognize that women do not always have equal power in their relationships with men, and that such inequality in power can lead to decisions (such as a decision to stay with a batterer) that may be appropriate in the victim’s own judgment.   Yet what the victim considers appropriate (or tolerable) may not be tolerable in a society that chooses not to condone violence against women. The third-wave outlook is in this sense at odds with the larger statement of values that mandatory prosecution rules make.

-Bridget Crawford


                   

[1] See Catherine F. Klein & Leslye E. Orloff, Providing Legal Protection for Battered Wiomen: Ana Analysis of State Statutes and Case Law, 21 Hofstra L. Rev. 801 (1993).
[2] Donna Wills, Domestic Violence: The Case for Aggressive Prosecution, 7 UCLA Women’s L.J. 173 (1997).
[3] See, e.g., David A. Ford & Mary Jean Regoli, The Criminal Prosecution of Wife Assaulters; Process, Problems and Effects, in Leal Responses to Wife Assault: Current Trends and Evaluation 127, 151-157 (N. Zoe Hilton ed., 1983) and Robert C. Davis et al., The Deterrent Effect of Prosecuting Domestic Violence Misdemeanors, 44 Crime & Deliq. 434, 441 (1998).
[4] Linda G. Mills, Killing Her Softly: Intimate Abuse and the Violence of State Intervention, 113 Harv. L. Rev. 550 (1999).
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Failed Massachusetts bar applicant sues bar examiners over test question on gay marriage

From the National Law Journal:

A Massachusetts bar examination applicant who claims he failed the test because he didn’t answer a question about homosexual marriage and parenting is suing the test administration agency, the state Supreme Judicial Court and four individual justices for constitutional violations.

In his pro se complaint, Plaintiff Stephen Dunne seeks preliminary and permanent injunctions barring the defendants from considering the question in regard to his application to practice law and from enforcing the question in the current or future bar examinations. Dunne is also seeking a jury trial and unspecified compensatory and punitive damages. Stephen Dunne v. The Massachusetts Board of Bar Examiners, No. 07-11166 (D. Mass.) Dunne claims his score of 268.866 on the November 2006 bar exam just missed the passing score of 270 points because he didn’t follow the prescribed format for an unlawful question about gay marriage. Dunne said the question required applicants to “affirmatively accept, support and promote homosexual marriage and homosexual parenting.” Dunne claims the defendants violated his First Amendment right to exercise his religion and violated the due process and equal protection clauses of the U.S. Constitution. He also claims their actions impose illegal state regulations on interstate commerce.

Supreme Judicial Court spokeswoman said the court couldn’t comment on pending cases.

William F. Kennedy, the chairman of the Massachusetts Board of Bar Examiners, which administers the test, also declined to comment.

The complaint is being reviewed, we have no comment at this time,” Kennedy said.

Via Out of the Jungle.

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The Four Basic Guidelines of Blogging…

Via Mary Dudziak, who writes:

I was a little sheepish about mentioning to anyone at my press that I have a blog. I was afraid the reaction might be like that of my 16-year-old daughter, who, upon hearing that I like to blog first thing in the morning, said: “Well, you could be writing your book!”

But apparently blogs are recommended. Or at least recommended when the book is written. The Penguin Blog offered some advice recently. And they break it down to four basic guidelines. (Hat tip to OUP Blog.)

1) It should be personal – but not mundane.

2) The author should write about their work as well as their interests.

3) They should be entertaining company.

4) Posts should be regular and frequent.

Well, the Legal History Blog fails on at least one criteria: it is not “personal.” I don’t want it to be “personal.” And frankly, not all readers want it to be “personal.” Hopefully there can be a corner, even in the blogosphere, for a refuge from the cult of personality. So my advice to academic author bloggers: unless that sort of blogging appeals to you, I think (hope) you can engage a readership without needing to abandon your privacy.

Some FLP personal details: I have been suffering from a bad head cold, and yesterday I ran out of tissues, but I was too sick to go shopping, so I spent yesterday night wondering why I haven’t been buying softer toilet paper. Did that information improve your blog reading experience? Nope, didn’t think that it would.

–Ann Bartow

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Certain Men On The Left Will Pornify Anything

Does this picture say “Impeach Cheney” to you?

Update: See also. NB: The photo of the woman has been removed from the site. As a commenter noted, it was the correct thing to do, but some sort of acknowledgment that the site has been changed would have been appropriate and appreciated.

Update 2: Brave New Films says the pictured woman represented “Lady Liberty.”

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Couldn’t The Federalist Society Find A Woman Who Would Say Nice Things About Robert H. Bork?

I guess not! As Eric Muller notes, though, there might have been some female servers at the luncheon.

–Ann Bartow

Update: Eric Muller notices yet another all male Federalist Society event.

Update 2: Mary Dudziak notes: “It looks as if the local chapters emulate the national. On Monday, you can hear an all-male panel in Seattle discuss the Seattle school case, or an all-male panel in New York discuss terrorism cases.”

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“Operation Save America Storms Alabama: This is Not the Civil Rights Movement”

Andrea Lynch has a post at RH Reality Check that describes in chilling detail efforts to close an abortion clinic in Birmingham, Alabama.

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The Twelve Most Segregated Cities In The U.S.

Rachel at Rachel’s Tavern proposes this list based on her analysis of US Census data:

  1. Milwaukee
  2. Detroit
  3. Cleveland
  4. St. Louis
  5. Newark
  6. Cincinnati
  7. Buffalo-Niagara Falls
  8. New York
  9. Chicago
  10. Philadelphia
  11. (tie) New Orleans and Kansas City

Only one Southern city, and none at all on the West Coast.

–Ann Bartow

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More About Blogging While Female

Jenn at Reappropriate has an interesting post here. Below is an excerpt:

…The intolerance towards female bloggers, therefore, is not just a disincentive towards female participation online, but it is an attack on feminism, itself. What male aggressors promote by their threatening actions is to maintain male-centric control over online discussion, and to subvert the development of feminism in cyberspace.

For women of colour, disincentives may be particularly severe. Not only are we vulnerable to threats based upon our gender, but we may also expose ourselves to racist treatment based upon our race. Further, women of colour have been largely silenced in American history; our narratives have been subjugated by White male-dominated society such that we are expected to fit into little boxes. As we take steps towards breaking out of the confines of those little boxes, we become the targets of backlash from those who prefer we play along in a role of their own design. …

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“Study: Women don’t talk more than guys” (Plus Pithy Update On NYT Lies!)

From Yahoo News:

Another stereotype : chatty gals and taciturn guys : bites the dust. Turns out, when you actually count the words, there isn’t much difference between the sexes when it comes to talking.

A team led by Matthias R. Mehl, an assistant professor of psychology at the University of Arizona, came up with the finding, which is published in Friday’s issue of the journal Science.

The researchers placed microphones on 396 college students for periods ranging from two to 10 days, sampled their conversations and calculated how many words they used in the course of a day.

The score: Women, 16,215. Men, 15,669.

The difference: 546 words: “Not statistically significant,” say the researchers.

“What’s a 500-word difference, compared with the 45,000-word difference between the most and the least talkative persons” in the study, said Mehl.

Co-author James W. Pennebaker, chairman of the psychology department at the University of Texas, said the researchers collected the recordings as part of a larger project to understand how people are affected when they talk about emotional experiences.

They were surprised when a magazine article asserted that women use an average of 20,000 words per day compared with 7,000 for men. If there had been that big a difference, he thought, they should have noticed it.

They found that the 20,000-7,000 figures have been used in popular books and magazines for years. But they couldn’t find any research supporting them.

“Although many people believe the stereotypes of females as talkative and males as reticent, there is no large-scale study that systematically has recorded the natur al conversations of large groups of people for extended periods of time,” Pennebaker said.

Indeed, Mehl said, one study they found, done in workplaces, showed men talking more. …

Via Erin Buzuvis. On the same topic, see also.

UPDATE: Incredibly deceptive NYT Louann Brizendine apologia here, which first refers to Brizendine’s book The Female Brain as a “populist” book (which apparently means in NYT world that lying about how much women talk in relation to men is acceptable if it is “popular”), states:

But fact slyly not mentioned in Science study: after first printing of”Female Brain,”author, Louann Brizendine, began worrying that 20,000 vs. 7,000 figure was just invented by marriage counselors and removed it.

That’s not the way anyone paying attention to the NYT remembers it. For a very different account of the controversy, check out this post and this post and also these links, copied from here:

Neuroscience in the service of sexual stereotypes” (8/6/2006)
Sex-linked lexical budgets” (8/6/2006)
Sex and speaking rate” (8/7/2006)
Yet another sex-n-wordcount sighting” (8/14/2006)
The main job of the girl brain” (9/2/2006)
The superior cunning of women” (9/2/2006)
The laconic rapist in the womb” (9/4/2006)
Open-access sex stereotypes” (9/10/2006)
Gabby guys: the effect size” (9/25/2006)
“Every 52 seconds”: wrong by 23,736 percent?” (10/13/2006)
Guys are a bit gabbier in Dutch, too” (10/16/2006)
Two new reviews of Brizendine” (10/30/2006)
Word counts” (11/28/2006)
Sex differences in “communication events” per day?” (12/11/2006)

More on the spread of these ideas in the media:

Regression to the mean in British journalism(11/28/2006)
Censorship at the Daily Mail(11/29/2006)
Contagious misinformation(12/1/2006)
Femail again(12/2/2006)
Bible Science stories(12/2/2006)
Fabricated but true?(12/3/2006)
The spread of bogus numbers in the meme pool (12/16/2006)
Busy tongues (12/31/2006)
The silence of the men (12/29/2006)
Cerebro de El País (1/28/2007)
The Female Brain is out in Britain(4/4/2007)

And on Leonard Sax’s Why Gender Matters, and Michael Gurian and Kathy Stevens’ The Minds of Boys:

David Brooks, cognitive neuroscientist” (6/12/2006)
Are men emotional children?” (6/24/2005)
Of rats and (wo)men” (8/19/2006)
Leonard Sax on hearing” (8/22/2006)
More on rats and men and women” (8/22/2006)
The emerging science of gendered yelling” (9/5/2006)
The vast arctic tundra of the male brain” (9/6/2006)
Girls and boys and classroom noise” (9/9/2006)

See also:

He bold as a hawk, she soft as the dawn” (9/14/2006)
Stereotypes and facts” (9/24/2006)
Gender myths: letting science mislead” (9/30/2006)
Political correctness, biology and culture” (10/31/2006)
When stereotypes hang out” (11/16/2006)
Dueling stereotypes” (11/18/2006)
The neuroendocrinologist formerly known as Prince“, 11/28/2006
Guess what?“, 2/20/2007
Women and men again, you know?“, 5/13/2007

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Analytic Gap In U.S. Department of State’s Human Trafficking Report: Condoleeza Rice Doesn’t Seem To Care About Adults Forced Into Pornography

The DoS’s June 2007 “Trafficking In Persons” Report notes that trafficked women and children are victims of “commercial sexual exploitation,” reporting at page 10:

Annually, according to U.S. Government-sponsored research completed in 2006, approximately 800,000 people are trafficked across national borders, which does not include millions trafficked within their own countries. Approximately 80 percent of transnational victims are women and girls and up to 50 percent are minors. The majority of transnational victims are females trafficked into commercial sexual exploitation. These numbers do not include millions of female and male victims around the world who are trafficked within their own national borders:the majority for forced or bonded labor. [Empasis added.]

The Report empasizes that commercial sexual exploitation in human trafficking in passages like this at page 35:

Demand for cheap labor and for prostituted women, girls, and boys is the primary”pull”factor. Customers for the products of forced labor are often completely ignorant of their nvolvement with slavery. Sex buyers are far more complicit in the victimization of sex trafficking victims, and thus are logical targets for education on the link between prostitution and human trafficking. Sex tourism and child pornography have become worldwide industries, facilitated by technologies such as the Internet, which vastly expand the choices available to pedophiles and permit instant and nearly undetectable transactions.

Note that the only reference to pornography in this passage is to “child pornography.” The Report references child pornography 29 times, but the forced participation of women in pornography not at all. There is plenty of evidence that women who are “prostituted” (to use the terminology of the report) are also force filmed, so that videos of their rapes can be distributed commercially (see e.g. this, and this, cf this HHS report, and see generally). Why this category of sexual exploitation doesn’t merit mention by the State Department’s Report is quite disturbing. Surely Rice doesn’t think that women held captive and forced into prostitution are appearing in pornography voluntarily.

–Ann Bartow

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Lilly Ledbetter Fair Pay Act

It’s good to see Congress acting to reverse one of the (far too many) horrible precedents from the first full year of the Roberts Court. On June 27, the House Education and Labor Committee voted out of committee the Lilly Ledbetter Fair Pay Act. The bill overturns Ledbetter v. Goodyear Tire & Rubber Co., which held that a pay discrimination plaintiff must bring suit within 180 days of the original act of discrimination, not from any later paycheck that is affected by the original discrimination.

California Democrat George Miller introduced the bill and clearly understands the issue:

“Discrimination occurs both when an employer decides to discriminate and then when the employer actually discriminates–by, for example, paying you less because you are a woman, or African-American, or older than the other employees,” Miller said. He added that the “reality” is that “most workers don’t know what their co-workers are making,” that many employers prohibit their employees from discussing their pay with each other, and that “social norms” make employees reluctant to ask each other about their pay.

“Unless Congress acts, employers who have made discriminatory pay decisions more than 180 [or 300] days ago will be allowed to lawfully continue discriminating against employees with every paycheck without any legal consequence,” Miller said.

As always with a good bill like this, call your Representative and Senator to urge its passage.

– David S. Cohen

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Third Radical Feminist Carnival

Up at Stanselen.

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Carissa Byrne Hessick “Violence between Lovers, Strangers, and Friends”

The abstract:

The conventional wisdom in criminal law is that violence between strangers is a more serious crime than violence between individuals who know one another. When asked about their crime concerns, most people respond that they fear becoming the victim of a violent crime at the hands of a stranger. Yet more violent crimes occur between people who are intimate partners, family members, friends, or acquaintances than between strangers. This Article identifies and examines arguments in favor of treating stranger violence more seriously, and it concludes that none of the arguments justifies the unequal treatment of stranger and non-stranger violence. The Article also identifies several affirmative reasons why violence in close personal relationships might be considered more serious than stranger violence. Ultimately, the Article concludes that non-stranger violence should be treated just as seriously as stranger violence, and it briefly explores a few practical challenges associated with the prevention and punishment of violence between non-strangers.

Downloadable here.  

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Declarations of Independence

Image, Source: originalFrom the Declaration of Sentiments at Seneca Falls (1848):

When, in the course of human events, it becomes necessary for one portion of the family of man to assume among the people of the earth a position different from that which they have hitherto occupied, but one to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes that impel them to such a course.

We hold these truths to be self-evident: that all men and women are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights governments are instituted, deriving their just powers from the consent of the governed. Whenever any form of government becomes destructive of these ends, it is the right of those who suffer from it to refuse allegiance to it, and to insist upon the institution of a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer. while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of the women under this government, and such is now the necessity which constrains them to demand the equal station to which they are entitled. The history of mankind is a history of repeated injuries and usurpations on the part of man toward woman, having in direct object the establishment of an absolute tyranny over her. To prove this, let facts be submitted to a candid world.

A full text version is here.

From Manifesta: Young Women, Feminism and the Future (Jennifer Baumgardner and Amy Richardson, 2000):

When in the course of thirty years of uninterrupted feminism… it becomes evident that a single generation can only go so far, it behooves the next generation to pick up the reins and articulate the plot that will move their cause forward.  The first two waves of feminism had clear political goals that involved holding the government accountable to its citizens, the majoriy of whom were getting an unequal deal.  In order to have a government that responds to the Third Wave, rather than a society by the few for the few, we need a similar declaration of our sentiments.  We need a Manifesta.

-Bridget Crawford

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The Human Cost of Rape and Hate Crime

This story from the AP:

More than a year after a horrific bias attack nearly killed him, David Ritcheson masked his pain with a smile, concealing his anguish from the people closest to him, an attorney for his family said Tuesday.

Ritcheson, a Mexican-American who was beaten unconscious and sodomized with a plastic pole by a man shouting ”White Power!” in April 2006, leaped to his death in the Gulf of Mexico from an upper deck of a Carnival Cruise ship on Sunday, witnesses said.

Attorney Carlos Leon said Ritcheson had never threatened or talked of suicide and left no note.

”It seemed to everyone that David was climbing back to normalcy in his life,” Leon said at a news conference. ”What we’ve learned from this is he just internalized his pain.” * * *

Diary of an Anxious Black Woman has commentary here.  

photosEarlier this year, Ritcheson (pictured at right) testified  before the House of Representatives’ Subcommittee on Crime Terrorism and Homeland Security  in favor of the Local Law Enforcement Hate Crimes Prevention Act:

My name is David Ritcheson, and I appear before you as a survivor of one of the most despicable and shocking acts of hate violence this country has ever seen in decades. Nearly one year ago on April 22, 2006, I was viciously attacked by two individuals because of my heritage as a Mexican-American.   After a crawfish festival, I returned to a friend’s house where I was going to spend the night. Shortly after arriving at this home, a minor disagreement turned into a pretext for what I believe was a premeditated hate crime. This was a moment that would change my life forever.

After I was sucker punched and knocked out, I was dragged into the back yard for an attack that would last for over an hour. Two individuals, one an admitted racist skinhead, attempted to carve a swastika on my chest. After they stripped me naked, they burned me with a cigarette, and I was kicked by the skinhead’s steel-toed army boots.Witnesses recall the two attackers calling me a wetback and a spic as they continued to beat me as I lay unconscious. Once the attack came to an end, I was dragged to the rear of the back yard and left for dead. Reportedly, I lay unconscious in the back yard of the private residence for the next eight to nine hours.

Fortunately, God spared me the memory of what happened that night.

Weeks later, I woke up in the hospital with so many emotions – fear, uncertainty, humiliation.

America is the country I love, and it is our home. However, the hate crime committed against me illustrates that we are still, in some aspects, a house divided. These are some of the many reasons I am here before you today asking that our government take the lead in stopping individuals like those who attacked me from committing crimes against others because of where they are from, the color of their skin, the God they worship, the person they love or the way they look, talk or act.

I spent three months in the hospital and had over 30 surgeries. Most of these operations were essential to saving my life, and others were necessary just to make my body able to perform what would be normal functions.

Ritcheson’s full testimony is here.   He concluded his remarks to Congress with this statement: “I can assure you, from this day forward I will do whatever I can to help make our great county, the United States of America, a hate-free place to live.”  

May it be one day.  

-Bridget  Crawford

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File Your Tax Returns, Duh

This from the New York Law Journal:

Four attorneys were among seven professionals who have pleaded guilty to failing to file state income tax returns in the latest round of prosecutions resulting from the matching of state tax records against lists of professionals licensed by the state, the Attorney General’s Office announced over the weekend.

The four lawyers failed to file income tax returns for four consecutive years, and pleaded guilty to misdemeanors.

The earnings of the four ranged from between $2.7 million and $394,000 during the years at issue, the office said.  

The four include Justine Clark [pictured at left], a partner at Kelley Drye & Warren, who earned $2.7 million over the four years, the most of the four lawyers.   She said yesterday she had no comment. * * *

Since the matching of tax records against professional licenses began about two years ago, more than 11,000 professionals have been identified as not having filed state income tax returns. To date, audits have been conducted of 2,200 of those identified and assessments against them exceeding $12.8 million have been issued, said Michael Bucci, a spokesman for the Department of Taxation and Finance.

What’s the feminism angle?   Maybe none, but stories like these remind me of the flimsiness of the “women as moral housekeepers” argument.   Biology does not superiority make.

-Bridget Crawford

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Sing It!

This, of course. See you Thursday.

–Ann Bartow

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“Because I Am A Girl”

Eponymous website here. Project description here, which notes:

Because I am a Girl: The State of the World’s Girls, is the first in a series of global reports on girls to be published over the next nine years by Plan. Timed to be released on the United Nation’s International Day of the Family, it warns that the Millennium Development Goals agreed by world leaders are likely to fail girls living in poverty.

Global statistics highlighted in the report paint a bleak picture of some of the challenges facing girls and young women growing up in the world’s most impoverished regions:

Girls aged 15-19 account for 50% of victims of sexual assault worldwide

Birth complications and unsafe abortions are the leading cause of death for young women aged 15-19

Stunted growth in estimated 450 million women as a result of childhood malnutrition

Approximately 7.3 million young women are living with HIV/AIDS, in comparison to 4.3 million men

Two thirds of 15-19-year-olds newly infected with HIV in sub-Saharan Africa are female

Sixty two million girls are out of primary school

The full report, and an excecutive summary, are available here. Via Women’s Space/The Margins.

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Derrida Papers Sexual Harassment Controvery Posts Draw Comments

Posts about the Derrida controversy can be read here, here and here. Comments these posts have drawn over the past few days include:

Name: ego2alternative | E-mail: [redacted] | IP: [redacted] | Date: June 29, 2007

You may wish to consult this webpage, just up, for some more reliable information about the whole”affair.”

http://www.jacques-derrida.org/UCI%20Affair.html

Name: ego2alternative | E-mail: [redacted] | IP: [redacted] | Date: June 29, 2007

you may wish to consult this wbpage. you would then know what you are talking about

http://www.jacques-derrida.org/UCI%20Affair.html

Name: ego2alternative | E-mail: [redacted] | IP: [redacted] | Date: June 29, 2007

this website will cast a bit more light on this”affair.”

http://www.jacques-derrida.org/UCI%20Affair.html

Name: ego2alternative | E-mail: [redacted] | IP: [redacted] | Date: June 29, 2007

check this website:

http://www.jacques-derrida.org/UCI%20Affair.html

The commenter’s IP address tracks back to Gainesville, Florida, where someone now has the link s/he seems to want so badly.

–Ann Bartow

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CFP: Woman and Violence

The Institute for Women’s Studies at the University of Georgia is organizing an annual conference on the status and concerns of Women and Girls in Georgia. The theme of the inaugural conference, to be held in Athens October 12-14, 2007, is Women and Violence. The conference is open to academics, advocates, activists, and community members. The conference will include formal and informal sessions, with presentations of cutting-edge data and analyses, and opportunities for networking and political strategizing.

We are seeking papers, panels, and other presentations with an emphasis on the women and girls of our state. Suggested topics include: *violence against women and girls *violence and youth cultures *theoretical engagements with the intersections of gender and violence *comparative analyses of women and girls in their diversity, and the various impacts of violence in different communities *trafficking of women and girls *women as perpetrators of violence *gendered aspects of media violence *gendered dimensions of state violence, militarization, and police brutality *violence in prisons *violence and racial disparities *domestic violence as a “women’s health” issue *movements and organizing against violence

We welcome qualitative, quantitative, theoretical, and other feminist approaches. Individual presentations should be no more than 30 minutes reading time. Proposals should include a one-page abstract, and names and affiliations of all participants. Please send proposals and questions via email, to WAGGconf@gmail.com. Deadline is August 30, 2007. For more information on the Institute for Women’s Studies, visit www.uga.edu/iws.

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Sunstein on Gender Equality & Freedom of Religion

Here is the abstract:

When, if ever, is it legitimate for law to ban sex discrimination by religious institutions? It is best to approach this question by noticing that most of the time, ordinary civil and criminal law are legitimately applied to such institutions. For example, members of religious organizations cannot commit torts, even if the commission of torts is said to be part of their religious practices. Many people seem to accept what might be called an Asymmetry Thesis, which holds that sex equality principles may not be applied to religious institutions, whereas ordinary civil and criminal law may indeed be applied to them. This essay argues that the Asymmetry Thesis cannot be defended, and that much of the time, sex equality principles are properly applied to religious institutions. Discussion is also devoted to the controversial idea that facially neutral laws may be applied to religious institutions even if they have a severe adverse effect on religious practices.

It can be downloaded here. Via The Legal Theory Blog (Hi Larry!).

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Back From a Fantastic Trip to Israel

jeru.JPGI had the great pleasure of traveling to Israel and presenting a paper at this terrific conference, plus I fit in a fair bit of sightseeing. If you ever get the chance to travel to Israel, go! I’m very glad I did. In addition to hearing some great talks and seeing things like Old City Jerusalem, and eating amazing food, I got to see some old friends (including awesome Feminist Law Prof Wendy Gordon) and make some new ones. Did I mention lately how much I love my job? :>)

Sorry for the blog and e-mail neglect, which due to jet lag and a thunderstorm that took out my Internet access, may continue a few more days. Hope y’all have fun plans for July 4th!

–Ann Bartow

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ABA Proposal Threatens Diversity In Legal Education

The ABA has put out a story on the “ABA Newsroom” section of its web site titled “ABA Legal Education Section Publishes Proposed Interpretation of Bar Passage Standard for Approval of Law Schools.” In the 5th paragraph, Council of Legal Ed Chair Bill Rakes states:

… But the bar examination is not a uniform national testing experience, and there is wide variation among the states in how they apply test scores. Additionally, schools define their missions differently, with some, for example, seeking to reach out to communities that are underrepresented in the profession, or underserved by the bar, to prepare students to fill those needs, while other schools may focus on research, practical skills or other missions. An interpretation that provides meaningful measurement of how well all schools prepare their graduates for professional practice must reflect those realities.

Contrary to the implication in this statement that the proposed standard takes a school’s mission into account, and will be receptive to arguments about diversity, the proposal issued by the Council rejected the suggestion that they take a school’s mission into account in determining compliance. Instead, they inserted language about consideration of “student populations served” in a section of the proposal that only applies to schools that are in compliance.

This story is receiving some play in other media outlets. It may mislead individuals and groups concerned about diversity into a false sense of security about the impact of the proposal. As the Patton Study showed, the proposal will put almost all of the diversity-friendly schools out-of-compliance and worsen the state of minority enrollment.

The Council’s press release may mislead the civil rights community into thinking that this proposal will take mission and diversity into account in determining compliance with this interpretation. Please send a letter to the ABA before July 16 in opposition to the new interpretation. Contact information follows:

Dan Freehling
Deputy Consultant American Bar Association
321 N. Clark Street, 21st Floor
Chicago, IL 60610
Email: FreehliD@staff.abanet.org
Phone: (312) 988-6738
Fax: (312) 988-5681

–Vernellia Randall

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Forell on “Making the Argument that Stalking is Gendered”

Feministlawprof Caroline Anne Forell (University of  Oregon) has posted to ssrn.com her working paper, “Making the Argument that Stalking is Gendered.”   Here is the abstract:

This piece discusses the 2003 Oregon court of appeals decision Bryant v. Walker which is the first decision in the nation to expressly apply a reasonable woman perspective to the issue of whether a stalking victim’s alarm was reasonable. It also examines what it was like for an academic to file an amicus brief and give her first oral argument. It discusses the importance of recognizing the difference between advocating one’s pet theory and making the arguments that are likely to win the approval of the judges. At trial the plaintiff in Bryant was found to have made out her case of stalking but, because she had moved to another city, she chose not to participate in the appeal process. As a result there was no one to argue her side of the case at either the intermediate or supreme court level. To make sure that the legal arguments in support of a gendered perspective and other issues were made, the Supreme Court granted me permission to file an amicus brief and present oral argument on the plaintiff’s side. After oral argument the supreme court dismissed the appeal as having been improvidently granted allowing the court of appeals decision to stand. The brief and oral argument to the Oregon Supreme Court are included.

The full working paper is available here.

-Bridget Crawford  

   

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Abortion Denied to Colorado Minor

The story’s here.   This is by no means a new thought, but if she’s not mature enough to have an abortion, as the hearing judge as well as the appeals court found, how is she mature enough to have a child?

– David S. Cohen

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Copyright Law and Pornography

Until 1979, copyright protection was effectively unavailable for “obscene” pornography. Then in Mitchell Bros. Film Group v. Cinema Adult Theater, 604 F.2d 852 (5th Cir.), cert. denied, 445 U.S. 917 (1979) and Jartech, Inc. v. Clancy, 666 F.2d 403 (9th Cir.), cert. denied, 459 U.S. 826 (1982), two courts expressly found obscenity protected by copyright law. Courts are not in compete accord on this issue as William Patry noted at his blog:

In the SDNY, then Judge Martin refused to grant a preliminary injunction and a pretrial impoundment and seizure order for movies he believed to be obscene writing, “Given the clearly criminal nature of plaintiff’s operations, it is self-evident that the Court should not use its equitable powers to come to the aid of plaintiffs and should invoke the doctrine of clean hands and leave the parties where it finds them,” Devils Films, Inc. v. Nectar Video Corp., 29 F. Supp.2d 174, 175 (S.D.N.Y. 1998).

As Patry also noted, in Nova Products, Inc. v. Kisma Video, Inc., 2004 U.S. Dist. LEXIS 24171 (S.D.N.Y. Dec. 1, 2004), Judge Baer decided to follow Mitchell Brothers, writing:

In its well-reasoned and scholarly opinion, the Fifth Circuit reviewed the history of the copyright legislation and found that all-inclusive language of the Copyright Act of 1909, 17 U.S.C. § 34 (1970) (repealed), which encompassed “all the writings of an author,” did not bespeak of an obscenity exception to copyright protection. The Fifth Circuit further reasoned that the existence of other restrictions in the related areas of trademarks and patents, together with the need for a uniform system of copyright, which could be fragmented by the community-driven obscenity standard, counseled against finding an obscenity exception. Finally, the Court was reluctant to stifle creativity and enlist “the judgment of government officials regarding the worth of the work.”

Congress never addressed this issue in the copyright, and with the exception of Bill Patry, copyright scholars haven’t had much to say about pornography specifically, even though many high profile copyright cases (such as this recent one and this golden oldie) involve pornographic content. I think studying and theorizing the roles that copyright law plays in the production, distribution and consumption of pornography would be useful and instructive in many regards (as I noted here and here), but I’m not sure how likely it is to happen. Some law profs think that pornography is socially beneficial (see e.g. this and this), but I disagree (e.g. here and here) as do others. Because the IP Clause of the U.S. Constitution authorizes copyright law only to the extent that it promotes the progress of science and the useful arts, one might expect the copyrightability of pornography to be more controversial than it has been so far, given the incentives that copyrights provide and the government resources that are required to sustain the copyright legal regime. That both policy makers and legal scholars choose to ignore these issues gives pornography a privileged position with respect to more interrogated categories of created works such as mainstream music and non-pornographic movies. I’m interested in any opinions about whether pornography should be copyrightable, and why so many people are willing to assume that it should be without reflection. Feel free to comment here or at Prawfsblawg, where this is cross-posted.

–Ann Bartow

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Live Blogging the “All-American Presidential Forum”

Overall, the “All-American Presidential Forum” was a success. The success of the debate was really in its concept. It was great to see an entire debate devoted to the issues that are high priorities in the African-American community, especially since our community is one of the most important voting blocs for the Democratic party. Also, holding the debate at Howard University was a terrific opportunity for the national spotlight to shine on a historically black university. The Howard facilities, student workers, and audience provided the truly enjoyable aspects of this event.

What did not emerge from the debate were any real surprises from the candidates. Clinton exuded competence and professionalism, Obama displayed vision and talked mostly about a change in American values and purpose, and Edwards never missed an opportunity to tell us about his lifelong commitment to fighting poverty. The audience was respectful to all the candidates, but Clinton and Obama received the most enthusiastic applause and support.

Here are some of the highlghts and lowlights of the debate:

Highlights:

1. Hillary Clinton. On almost every question–from the disparity in the HIV/AIDS infection rates for African-American women, ending the genocide in Darfur, and tax rates she had clear and specific answers. She was able to provide detailed policy recommendations on each issue in the extremely limited time.

2. The Al Sharpton reaction shot. In discussing how to curb the HIV/AIDS crisis in the African-American community Sen. Biden held forth on how he personally visited black communities to educate black men and black women on the importance of wearing condoms. Rev. Al was not amused. Neither was the press room. Prof. Sherilynn Ifill from blackprof has some of the best commentary on this shudder inducing moment.

3. Obama on NOLA. The senator made the important point that part of the problem in Katrina was the federal government’s general disregard for the lives of America’s poor, including the assumption that the people of New Orleans could just jump in their SUV’s with sparkling water and head for the closest hotel.

4. Sen. Gravel. He was just great general comic relief. He answered every question (including questions on taxes and HIV) by talking about ending the War on Drugs.

Lowlights:

1. None of the candidates were particularly eloquent or outraged about the Supreme Court decisions today. Sen. Clinton managed the best catchphrase by saying that the decisions “turned the clock back on the promise of Brown.” Maybe the subject is still to fresh for the candidates or their advisors to craft appropriate responses. Biden and Dodd also gave good answers, and Biden talked about how his colleagues in the Senate should have followed his lead when he aggressively opposed the Alito and Roberts nominations.

2. Even in this forum we were subjected to a Paris Hilton reference. Tavis chastised Gov. Richardson for going over time by saying that if Richardson were Paris he would get an hour to answer.

3. In the same disastrous Biden HIV answer that I talked abut above, Biden talked about having an HIV test and then pointed to Obama and said “Barack had an HIV test too.” Something about the way Biden put together his phrases implied that he and Obama took their HIV tests together. Some really uncomfortable banter ensued.

The post-debate press room was a bit of a madhouse. Several of the candidates showed up in person to answer our questions (Kucinich, Richardson, Dodd, Gravel) and the others sent their emissaries. It was really interesting to see that almost all of the African-American federal elected officials were there to support Sen. Clinton (e.g., Rep. Sheila Jackson Lee, Rep. Gregory Meeks) while Obama’s corner was covered with the high profile academic elites (e.g., Cornel West, Michael Eric Dyson).

I really enjoyed the experience. There will be another “All-American Presidential Forum” in September with the Republican presidential candidates. I hope to cover that debate for the blog. I have to thank Ann Bartow for recommending me for the media credential, and my husband John for taking a last minute road trip with me to D.C. Please post your comments below.

Danielle Holley-Walker

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FeministLawProfs Theme Song: The Results Are In

Selection  
Sisters Are Doin’ It For Themselves (Annie Lennox and Aretha Franklin)  51%
Something to Talk About (Bonnie Raitt)  33%
Just a Girl (No Doubt)  15%

Hillary Clinton chose Celine Dion for her theme song.   Our readers have chosen “Sisters Are Doin’ It For Themselves” by Annie Lennox and Aretha Franklin.   The selection of this song,  first released  in 1985, may or may not indicate something about the blog readers’ demographics.   Or their appreciation for a roarin’ feminist anthem.   Or their taste in dance music.   Equally plausible, the selection indicates nothing much (of significance, at least).

Here’s a little bit of feministlawprof trivia.   Of the 62 professors who were listed in the blogroll as of June 1, 2006, 30 were born in or after 1960; 21 were born in or after 1966; 25 were born between 1963 and 1973.    

-Bridget Crawford

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Update on Genarlow Wilson Case

From abcnews.com:

Genarlow Wilson, whose 10-year prison sentence for having consensual oral sex with a 15-year-old when he was 17 was voided by a judge earlier this month, is not eligible to be released on bail while the state appeals his sentence, a judge ruled today.

The ruling, which came just days after investors announced they’d post a $1 million bond for Wilson, likely means Wilson will remain in jail for several more months. The Georgia Supreme Court is scheduled to hear his case in October.

WordPress blogger skepticalbrotha says it clearly here: “For those of you slow on the uptake, there has never been a white teenager charged and convicted of aggravated child molestation for consensual sex with his underage girlfriend in the State of Georgia.”

-Bridget Crawford

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Slepian’s Murderer Sentenced to Life + 10 Years

James Kopp, the anti-choice terrorist who murdered Dr. Barnett Slepian in 1998, has been sentenced to  a life sentence plus ten years.   This is a much longer sentence than the 25-year term  that Kopp requested.  

Last year, the New York Times Magazine carried this moving story  by Eyal Press, the son of Slepian’s colleague.   In “My Father’s Abortion War,” Press described the changes in American society and culture since Slepian’s murder:

More than seven years have passed since that morning, and viewed one way, everything about the abortion conflict in the intervening period has changed. The mood of futility and desperation that fueled the violence aimed at abortion providers in the mid-90’s — a spate of attacks that left six doctors and clinic workers dead — appears to have lifted somewhat, which is perhaps one reason the attacks have abated. The number of abortions performed in America has steadily declined. Among right-to-life advocates, the focus of energy has shifted from the doorways of clinics to the corridors of Congress….

Like many people, I assumed at first that Buffalo was a flash point because of the generations of Irish, Polish and Italian Catholics who had made the city their home through the years and whose faith taught that abortion at any stage of pregnancy, for whatever reason, is wrong. Yet during the 1970’s, when the opposition to abortion indeed came almost exclusively from Catholics — the Catholic Physicians Guild, the Roman Catholic Diocese of Buffalo — the right-to-life movement wasn’t terribly radical. There were few street demonstrations back then….The relative calm can be traced partly to the fact that the revolt against Roe v. Wade took time to build. Few people in Buffalo appreciated at the time that by removing the issue from the legislative process, the Supreme Court would leave millions of Americans feeling that they were denied a say over what they viewed as a life-and-death matter. By short-circuiting a debate that was only beginning (not unlike the issue of gay marriage today), Roe would escalate the very conflict it was designed to quell.    * * *

By the mid-1980’s, however, the mood was changing, thanks to a development that would transform the face not only of the right-to-life movement but also of modern conservatism and, in turn, America: the political reawakening of evangelicals…[T]hey began waging war against the tide of secular humanism sweeping the culture, something evangelicals of an earlier generation would have considered a waste of time.

-Bridget Crawford and Amanda Kissel

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Live Blogging the “All-American Presidential Forum”

7:00 p.m.

T-minus 2 hours and counting. I have arrived here in the media room at the Blackburn Center on the Howard University campus in Washington, D.C. This is my first time blogging from a large media event and I am installed in a cavernous room with hundreds of other print and electronic media people. All of the serious media is here (I even saw a place set up for Maureen Dowd :) ) along with the little ole bloggers like me.

The debate will be moderated by Tavis Smiley and will feature a group of panelists to question the candidates: Michael Martin, Ruben Navarette, and DeWayne Wickham. This is the first time a primetime presidential debate features questioning by an all minority panel of journalists. The focus of the debate will come from the NYT best seller, Covenant With Black America.

A disclaimer before the debate begins…I am an Obama supporter and I volunteer for his campaign in my spare time. Despite this declared allegiance I hope to be as objective as possible in my analysis of the debate.

Here are some anticipated topics for the debate that may differ a little from the other Democratic debates so far: the Supreme Court decisions today striking down the use of race in K-12 student assignment plans, the effort to rebuild the Gulf Coast after Hurricane Katrina.

Danielle Holley-Walker

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Predicting Supreme Court Justices

I’m doing some research into the 1986 abortion case of Thornburgh v. American College of Obstetricians and Gynecologists and read a few comments published soon after the decision that should be a warning to those of us predicting Justices long-term. Here are two choice excerpts that made me laugh from Ann E. Fulks’ article in the Journal of Family Law, “Thornburgh: The Last American Right-to-Abortion Case?” (HeinOnline subscription required):

It is unlikely Justice O’Connor will attempt to moderate her ideology and it would be greatly surprising if she were to deviate from her anti-abortion stance. She can be counted on as a solid vote for any case that might call for the reversal of Roe.

****

Scalia’s personal skills and congeniality could prove invaluable in effectively articulating the conservative viewpoint.

Thankfully, both predictions were wrong. O’Connor moderated in Casey and continued to do so in Carhart I (as well as other areas of the law). Scalia, on the other hand, although possibly having great personal skills in his private life, proved in his jurisprudence to have zero personal skills or congeniality with those who disagreed with him, as evidenced by his very sharp attacks on O’Connor for not going all the way in reversing Roe. Some have even claimed that Scalia’s attacks contributed to O’Connor’s moderation. If that’s so, thank you Nino!

And, especially in light of the last few weeks of this current Term, thank goodness for incorrect predictions about Supreme Court Justices.

– David S. Cohen

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Being Happy as a Girl

Paula Zahn at cnn did this interview with a 7-year-old transgendered child and her family.   The child’s parents initially resisted their biologically  male child’s desire to wear pink clothes and play with dolls.   But after the child  began to show signs of depression and attempted to cut off his penis, the parents started to permit their son to live as  a girl.   The child is now thriving.   In an interview with Zahn, the child described living her dream of “being happy as a girl.”

Several university campuses have “safe zones” for LGBT students (check this list to see if your school does).   Fewer high schools do.   We are not aware of any grade schools that do.  

And yet safe space – or even safe space plus anti-discrimination laws — may not be enough.   This report by Advocates for Children of New York suggests that “most” LGBT students in New York City public schools “experienced extensive harassment and/or discrimination in New York City schools, both by peers and school staff.”   If this occurs in New York, a city that prides itself on diversity and tolerance, it happens everywhere.   And maybe we are not as tolerant as we claim to be.

-Bridget Crawford and Amanda Kissel

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Live Blogging from the Democratic Debate, Thursday June 28

I will be live blogging from the “All-American Presidential Forum” at Howard University in Washington, DC. The telecast is this Thursday, June 28, 2007 from 9:00 p.m. to 10:30 p.m. ET. Tune in to your PBS affiliate to catch the debate. Please let me know if there are any questions you want me to ask the candidates, and I will try to put my media pass to good use.

Danielle Holley-Walker

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Effects of Anonymity

Read Deindividuation and Seung Hui Cho at The Situationist. Below is an excerpt:

Phil Zimbardo, in his great book, The Lucifer Effect: Understanding How Good People Turn Evil, describes”how a simple change in one’s external appearance can trigger dramatic changes in overt behavior.”The term of art is”deindividuation,”and the evidence for its powerful effects is as strong as it is disturbing.

For instance, Zimbardo reports one Milgram-like experiment in which”women in the deindividuation condition delivered twice as much shock to . . . victims as did the comparison women”who were not anonymous. It didn’t’ matter what the deindividuated women had previously felt about their shock victims. Regardless, they”increased shock time . . . over the course of twenty trials, holding their finger down ever longer on the shock switch as their victims twisted and moaned right before them. In contrast the individuated women discriminated between . . . likable and unpleasant targets, shocking the pleasant woman less over time than they did the unpleasant one.”

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Two Posts Elsewhere To Read Congruently

“Why ‘Hey Baby!’ Is A Big Deal” by Ann Friedman at Feministing, and
“Precis of the Day: Vicki Schultz, The Sanitized Workplace” by Belle Lettre at Law and Letters.

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