14 out of 56?

Cripes, is that really the actual number of women who are Staff/Advisors at Media Matters for America? Well obviously it’s not just the “old guard” or “traditional media” that foster male dominance.

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“The problem isn’t commenter anonymity; it’s abusive behavior by anonymous or semi-anonymous commenters. Furthermore, the kind of jerks who post comments that need to be deleted will infallibly cry”censorship!”when it happens…”

Teresa Nielsen Hayden has a great post about blogging and comment moderation at Making Light. Here are the final two paragraphs:

Anonymous nastiness is easy to write, and will always find an appreciative audience. I don’t care. It’s not a manifestation of the free and open discourse of the internet; it’s a thing that destroys that discourse. To be specific, it’s the same old trashmouthed bullying we all know from junior high and high school. Putting it on the net doesn’t cause it to develop any novel complexities or interesting emergent behaviors. It’s just the same old sh*t.

If you have a weblog or live journal, or you administer a website that has comment threads, stand up for yourself and your readers. The jerks are never going to like you, or praise you, or admit that you’re doing the right thing. And if you’re waiting for someone to give you permission to suppress and thereafter ignore malfeasants, you have it right now. If you want, I’ll make up a certificate. Go forth and civilize.

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White Supremacist Astroturf

Over at Making Light, a post about a victim of the Virginia Tech shootings got hit by autoposts linking to a white supremacist discussion of the event. One of the reasons the spam filter is turned so high on this blog, and moderation is sometimes so slow (sorry!) is the blight of astroturf like this from pornographers, MRAs and others. The Duke rape allegations spawned at least three rounds of heavy astroturfing as well. Like fast-growing plastic kudzu, this stuff is slowly choking the Internets.

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Gonzales v. Carhart

This morning the Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003 in a 5/4 ruling with the majority opinion written by Justice Kennedy, a concurrence by Justice Thomas and a dissent by Justice Ginsburg. The statute prohibits a particular method of terminating a pregnancy, both pre-viability and post-viability for physicians who “in or affecting interstate or foreign commerce” knowingly perform a partial-birth abortion. Although Justice Kennedy’s opinion uses the “undue burden” language, the majority finds that the complete prohibition of the procedure with no exception for a woman’s health does not pose an undue burden or a substantial obstacle to the”abortion right.”The majority recognizes that there is medical disagreement as to whether the Act’s prohibition imposes significant health risks on women, but nonetheless defers, essentially, with the legislature’s judgment, at least in the context of a facial attack.

The majority’s opinion is striking for the almost absolute lack of focus on women. The medical procedure itself is discussed extensively. The role of the physician and medical judgment is discussed extensively. The impact on women and the idea that the right to choose to terminate a pregnancy has something to do with women, however, their right to body integrity, autonomy, liberty, is completely missing from the opinion. Only a reference to”an ultimate expression in the bond of love the mother has for her child”and the conclusion that”some women come to regret their choice to abort the infant life they once created and sustained”suggests this majority’s view of women in the context of the issue – we are by-standers to the issue and by-standers to the right ultimately recognized in Roe and Casey, rather than those most affected.

-Isabel Medina

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Hokie Hope Friday

Virginia Tech family members and friends are uniting this Friday, April 20th to declare an “Orange and Maroon Effect” day to honor those killed on Monday. Please wear orange and maroon on Friday to support the Hokie Nation.

Gamecock colors are garnet and black, and garnet is fairly close to maroon, so that part will be easy here in South Carolina. In ordinary circumstances I wouldn’t go near orange, however, as that is the color of in-state rival Clemson, which lacks a law school among other deficiencies. But on Friday, maroon and orange it will be.

–Ann Bartow

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Ann Bartow, “Trademarks of Privilege: Naming Rights and the Physical Public Domain”

This paper critiques the branding and labeling of the physical public domain with the names of corporations, commercial products, and individuals. It suggests that under-recognized public policy conflicts exist between the naming policies and practices of political subdivisions, trademark law, and right of publicity doctrines. It further argues that naming acts are often undemocratic and unfair, illegitimately appropriate public assets for private use, and constitute a limited form of compelled speech. It concludes by considering alternative mechanisms by which the names of public facilities could be chosen.

Downloadable here!

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U.S. Supreme Court Upholds Partial Birth Abortion Ban Act

NYT story here. The decision was 5-4, and this is a situation in which the replacement of O’Connor with Alito probably made all the difference. Accord to the NYT:

”Today’s decision is alarming,” Justice Ruth Bader Ginsburg wrote in dissent. She said the ruling ”refuses to take … seriously” previous Supreme Court decisions on abortion.

Ginsburg said the latest decision ”tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists.”

She was joined by Justices Stephen Breyer, David Souter and John Paul Stevens.

The cases are Gonzales v. Carhart and Gonzales v. Planned Parenthood. The opinion is accessible here (thanks to Irene Weiser of Stop Family Violence) and here (thanks to commenter llhinkle). After a preliminary read-through, the scariest sentence in the opinion to me is this one:

The Act’s failure to allow the banned procedure’s use where ” ‘necessary, in appropriate medical judgment, for preservation of the [mother’s] health,’ ” Ayotte v. Planned Parenthood of Northern New Eng., 546 U. S. 320, 327-328, does not have the effect of imposing an unconstitutional burden on the abortion right.

–Ann Bartow

Update: I think C.J. Roberts is really, really, really, horribly and destructively wrong about a lot of things, but dear Goddess, couldn’t we leave his child out of it? Kennedy spends a substantial portion of the opinion describing abortions as graphically and repulsively as possible, part of his “hearts and minds” battle against reproductive freedom for women. Referring to someone’s adopted child with the caption: “John Roberts orders manufacturers to create a greater selection of products for him and his wife to choose from” plays right into his hands.

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Podcasts from the Pornography and Pop Culture Conference at Wheelock College

Available here.

Videos can be accessed by clicking on speaker names:

Rebecca Whisnant, Robert Jensen, Gail Dines, and Robert Wosnitzer, Ana Bridges, and Michelle Chang. The Wosnitzer, Bridges and Chang presentation may be of particular interest to academics because it concerns empirical research on pornography that the presenters are engaged in.

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Rapist Doll for Sale

Garance Franke-Ruta blogged about it here, writing: “…you can buy the “Grindhouse Rapist No. 1 Action Figure” : yes, it actually exists : via comparison-shopping site BizRate.com, and that it’s being sold by five different niche toy sites…” She concludes that it is intended to spark “manufactured outrage over a disgusting action figure based on a failed movie : all designed to generate publicity at one of Hollywood’s biggest online draws, while also turning rape into a joke.”

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Ayaan Hirsi Ali’s “Infidel”

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Kameron Hurley reviews Ayaan Hirsi Ali’s Infidel at her terrific blog, Brutal Women.

There is a post about the NYT’s review of this book here.

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Virginia Tech

I don’t have anything illuminating to say about this tragedy. Like most everyone reading this, I’m sad and confused.

There was an on campus shooting at my university while I was a student. Two women, roommates and friends, were murdered by a man who was obsessed with one of them. He’d held a fairly large group of students hostage at one point. He let most of them leave. But not two women. I hope the familes and survivors have found some peace in the intervening decades. I’m sure today’s events refresh their grief.

Peace. We need peace. Peace will come. Let it begin with us.

–Ann Bartow

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Unexpected Outcomes

Sally Greene has a very moving post up at GreeneSpace about a presentation she heard at a homelessness conference. Here is an excerpt:

… To an audience largely of public school teachers she talked about how disappointing, even destructive, her school experiences were. Highly transient, moving from tent to foster care and back (even once living on a boat), she wasn’t in one place long enough for her teachers to understand her.”The gaps in my education became so noticeable that most educators were at a loss and so did nothing with me.” In turn, “The more they treated me like I wasn’t capable, the more I believed it.”

And so today, as a teacher herself, 2002 Teacher of the Year in Virginia Beach, she is on a mission to educate the educators:”Often the most unreachable adults are the ones who have lost hope and confidence. Just one or two well-placed words will inspire and empower.”…

Read the whole thing here. You’ll be glad you did.

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Woman Wrongly Convicted in WI is Released

At least there is a little good news today: Georgia Thompson, apparent victim of a Republican political scheme, has been freed. From the NYT:

Opponents of Gov. Jim Doyle of Wisconsin spent $4 million on ads last year trying to link the Democratic incumbent to a state employee who was sent to jail on corruption charges. The effort failed, and Mr. Doyle was re-elected : and now the state employee has been found to have been wrongly convicted. The entire affair is raising serious questions about why a United States attorney put an innocent woman in jail.

The conviction of Georgia Thompson has become part of the furor over the firing of eight United States attorneys in what seems like a political purge. While the main focus of that scandal is on why the attorneys were fired, the Thompson case raises questions about why other prosecutors kept their jobs.

The United States Court of Appeals for the Seventh Circuit, which heard Ms. Thompson’s case this month, did not discuss whether her prosecution was political : but it did make clear that it was wrong. And in an extraordinary move, it ordered her released immediately, without waiting to write a decision.”Your evidence is beyond thin,”Judge Diane Wood told the prosecutor.”I’m not sure what your actual theory in this case is.”

Members of Congress should ask whether it was by coincidence or design that Steven Biskupic, the United States attorney in Milwaukee, turned a flimsy case into a campaign issue that nearly helped Republicans win a pivotal governor’s race.

There was good reason for the appeals court to be shocked. Ms. Thompson, a 56-year-old single woman, seems to have lost her home and spent four months in prison simply for doing her job. Ms. Thompson, who spent years in the travel industry before becoming a state employee, was responsible for putting the state’s travel account up for competitive bid. Mr. Biskupic claimed that she awarded the contract to an agency called Adelman Travel because its C.E.O. contributed to Mr. Doyle’s campaign.

To charge her, Mr. Biskupic had to look past a mountain of evidence of innocence. Ms. Thompson was not a Doyle partisan. She was a civil servant, hired by a Republican governor, with no identifiable interest in politics. She was only one member of a seven-person committee that evaluated the bidders. She was not even aware of the Adelman campaign contributions. She also had a good explanation for her choice: of the 10 travel agencies that competed, Adelman submitted the lowest-cost bid.

While Ms. Thompson did her job conscientiously, that is less clear of Mr. Biskupic. The decision to award the contract : the supposed crime : occurred in Madison, in the jurisdiction of Wisconsin’s other United States attorney. But for reasons that are hard to understand, the Milwaukee-based Mr. Biskupic swept in and took the case.

While he was investigating, in the fall of 2005, Mr. Biskupic informed the media. Justice Department guidelines say federal prosecutors can publicly discuss investigations before an indictment only under extraordinary circumstances. This case hardly met that test.

The prosecution proceeded on a schedule that worked out perfectly for the Republican candidate for governor. Mr. Biskupic announced Ms. Thompson’s indictment in January 2006. She went to trial that summer, and was sentenced in late September, weeks before the election. Mr. Biskupic insisted in July, as he vowed to continue the investigation, that”the review is not going to be tied to the political calendar.”

But the Thompson case was”the No. 1 issue”in the governor’s race, says the Wisconsin Democratic Party chairman, Joe Wineke. In a barrage of commercials, Mr. Doyle’s opponents created an organizational chart that linked Ms. Thompson : misleadingly called a”Doyle aide”: to the governor. Ms. Thompson appeared in an unflattering picture, stamped”guilty,”and in another ad, her name was put on a graphic of jail-cell doors slamming shut. …

Read the entire article here. I don’t know exactly why Georgia Thompson was made the designated victim in this scheme, but the fact that she is single, female, middle aged and probably not terribly affluent must have factored into the decision to target her. She was effectively a political prisoner, and I hope that the people who did this to her get a chance to occupy the cell she vacated.

–Ann Bartow

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U.S. lags in family benefits

From the Philadelphia Inquirer:

True or False: The United States is one of only four countries in the world that does not provide some form of paid leave to new mothers?

Believe it or not, the answer is true, with Papua New Guinea, Swaziland and Liberia sharing this dubious distinction, out of 173 countries surveyed in a Harvard/McGill study. In combination with the general lack of family supports in the United States, it signals a national crisis.

American mothers have entered the workforce in record numbers in the last 30 years, with nearly three-quarters of all mothers now in the labor force. Policies and programs to support families and caregivers have not caught up with this reality. In more than half of two-parent families, both parents are employed. This is an unavoidable reality for many people: Two-parent families that try to subsist with only one wage earner are seven times more likely to end up living in poverty than those with two employed parents. Times have changed; work expectations have changed, but our policies and support structures have not.

Citizens in many other countries routinely enjoy the benefits of guaranteed paid sick days; affordable, high-quality child care and health care; and paid family leave. Here, however, where such supports are often difficult or impossible to find, families struggle in relative isolation to provide for their needs – burdened by guilt, despair and the incorrect belief that it is somehow their fault, their personal cross to bear.

Early feminists, chipping away at the “glass ceiling,” urged women to “see the personal as political.” Now it’s time to expand that message to all parents and caregivers. Time to demonstrate the political will necessary to bring about the kinds of reform in child care, health care, education and labor-force policy that will bring this country up to par with its economic counterparts worldwide. It is the right thing to do, the smart thing to do, and there are plenty of nations showing us the methods and the results. …

Full text available here. Via Kiki Peppard.

Update: The referenced study is accessible here.

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Study Says More Women Then Men Using Internet

eMarketer.com reports:

Females now constitute an undeniable majority of the US Internet population.   eMarketer estimates that there will be an estimated 97.2 million female Internet users ages 3 and older in 2007, or 51.7% of the total online population. In 2011, 109.7 million US females will go online, amounting to 51.9% of the total online population. Estimates from other research sources concur that females represent the majority of US Internet users, ranging from 53% (Arbitron and Edison Media Research, for Internet users ages 12 and older) down to 50.6% (comScore Media Metrix, for Internet users ages 2 and older).  

More information and some funky bar graphs here. Via Sabreocracy.net.

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Gail Dines’ Opening Address at Wheelock College’s Recent Conference on Pornography & Pop Culture

You can watch it here.

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ClassCrits: Constructing the Story of Class in Law, May 21-22, 2007 University at Buffalo Law School

From the associated webpage:

This continues the goal of the first workshop, in January 2007, which was to begin to build a network of scholars interested in conceptualizing and interrogating the relationship between law, class and economic inequality. While much serious work has been undertaken in other disciplines on issues of class and economic inequality, the issue of law’s relationship to this work and these issues in the modern moment are underdeveloped. This second workshop is geared toward taking some further steps toward developing a body of legal texts and interdisciplinary scholarship exploring law and class.

This workshop will focus on building a body of comments on cases, statutues, and interdisciplinary readings that we hope will begin discussion of a”canon”or story about the place of economic class and economic inequality in U.S. law. …

Participants will submit a short, informal written comment or annotation on a case, statute, legal institution or organization, or a reading that they believe is important and useful to the project of developing a critical analysis of law and economic class. The comment should discuss the particular case, statute, legal institution or organization, or reading in light of the following questions (feel free to add to this list):

(1) what this legal source or reading shows about the concept, nature, theory, politics and operation of class or economic inequality in U.S. law;

(2) its significance for understanding and analyzing the legal construction of economic inequality or economic class

(3) the relationship of class to other intersecting categories or factors (such as gender and race)

Interested participants should submit a brief, informal abstract of their comment or annotation (one paragraph to one page) by April 23, 2007.

More information here.

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Antifeminist Bingo

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Via Hoyden About Town.

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Don Imus, the Not So Merry Christmas and the Law of Insults

Don Imus, a white American male radio sport show host called the mostly African American women of the Rutgers women’s basketball team nappy headed Merry Christmases. Read about it at Networks Condemn Remarks By Imus.

For the uninitiated, a Merry Christmas is what we in my almost all black neighborhood often said in lieu of the word ‘ho (whore). We took the use of profane insults pretty seriously, so there were rules to govern their use. One rule was that substitutes and euphemisms were often used in place of the worst of the words in our arsenal, words like ‘ho. To call someone a ‘ho was a pretty brutal, low down insult, suggesting an unbridled, wholly undiscriminating sexuality. For us, a ‘ho was the kind of girl who”did it”with just about anyone, anytime without even the pragmatic, instrumental approach of a prostitute. Part of the power of ‘ho was that it was a distinctly gendered insult; we had no equivalent term for boys who behaved the same way. (Nowadays there is”man ‘ho”but it doesn’t come close to having the same sting.) No, back in the day, we didn’t throw around the word ‘ho:that was playing with dynamite. Before you openly called anybody a ‘ho, you’d better be pretty sure you could beat up the so-labeled girl and her defenders, because to call someone a ‘ho was a prelude to a fight. If the word we sought was ‘ho, (and we usually resorted to much less serious name calling before we got to that) better to say”Merry Christmas”in sotto voce snickers when the girl walked into the room and leave it at that. Such was the law of insults in our neighborhood.

Don Imus is a law breaker. On open microphone he called members of the Rutgers women’s basketball team”nappy-headed ‘hos”. Moreover, the racial and gender insult wasn’t just random; there was apparently a theme running through the show. Imus’s comment immediately followed the comment of his executive producer Bernard McGuirk, who called the women”hard core ‘ho’s”. Later in the show, which was simulcast via CBS radio and on MSNBC television, McGuirk described the match between the Rutgers women’s basketball team and the Tennessee women’s team as the”Jigaboos versus the Wannabees.”In his defense, Imus has said that it was an”idiot comment meant to be amusing,”and has apologized. No apology has been published by McGuirk. A recent op-ed by Bob Herbert of the New York Times indicates that McGuirk, in the words of Imus himself dating back to 1998, was “there to do nigger jokes.”

Many of us don’t need to wonder where Imus got the idea that he could throw around the word ‘ho in reference to African American women without consequence. One need only listen to the lyrics of numerous gangsta rap songs performed by mostly African American singers in which the use of the word ‘ho has reached epic if not epidemic proportions. In such songs, words such as ‘ho and its close kin bitch are chanted with impunity. But, what Imus and a lot of other people have apparently failed to see is…that’s not most people’s real life. Despite what those media portrayals suggest, that’s not necessarily anybody’s real life. All too often, what we have in gangsta rap is not art imitating life but art imagining life. As I’ve written in other work, one of the most pointed critiques of the gangsta rap genre is that it not only glorifies actual profanity and violence but also imagined profanity and violence. Life in ghettos and poor neighborhoods is often shown as excessively profane in order to gain market share and”street cred.”In point of fact, many of those involved in songwriting, production and sometimes even the performance of gangta rap are themselves well-educated products of middle and working class homes, where, I assure you, nobody is openly calling anybody a ‘ho. Even where ‘ho is used in gangsta rap, it is usually meant to be offensive and hence intentionally transgressive as a means of expressing rebellion. It has even been inverted and portrayed as a term of endearment, but in such instances its use still engenders a frisson of the forbidden. One thing it is not meant to be is funny.

Should sorry be enough in this instance? Judging from the response to the Imus’s utterance, the answer is no. Despite Imus’s apology, on April 10, 2007 Imus’s show was suspended for two weeks by his broadcasters CBS Radio and MSNBC cable television, in response no doubt to the pressure brought to bear by sponsors and by a public mortified by a vicious verbal assault on college women athletes for the sake of amusement. After the suspension there remained a maelstrom of controversy surrounding the matter and nationwide calls for his firing and for a boycott of his sponsors. This was, after all, not the first time that Imus has made offensive sexist or racist remarks. One of the best known is a 1993 incident in which he called then New York Times White House correspondent Gwen Ifill, an African American woman (now with PBS) , a”cleaning lady.”In another instance his show offered a parodic song that referred to former First Lady and now Senator Hillary Rodham Clinton’s urinary habits and menstrual cycle. Read about it in a blog piece by Andrew Ross of the San Francisco Chronicle. No, Imus was no stranger to serving up the lowest forms of sexist and racist insult.

The chickens finally came home to roost when on April 11 NBC News canceled the televised simulcast of the Imus radio show aired on MSNBC cable news and on April 12 when CBS News canceled the “Imus in the Morning” radio program. So, it looks like, at the moment, Imus’s career on traditional terrestrial radio is over. There is always satellite, though. Just ask Howard Stern.

The bigger issue, the one well beyond Imus’s outrageous remarks about the Rutgers women’s basketball team, is why he and others like him have been allowed a broadcast reign of terror which routinely debased women, racial and religious minorities and gays and lesbians. As Andrew Ross suggested in his blog, citing the Manhattan Institute’s John Leo in an April 13 Wall Street Journal op-ed, many powerful persons in politics and the media”enabled”Imus by willingly appearing on his show despite and perhaps even because of its often profane nature, giving it an imprimatur of respectability. (On another note, I was none too amused by Leo’s use of a brothel metaphor to explain what was wrong with Imus’s show. Will some of these men never get it?!) But it’s not just the high and mighty who promote the likes of Don Imus. While many of us may be loathe to admit it, what he routinely expressed in his broadcasts well represented the lowest common denominator of thought in many segments of the United States population. In a world where political correctness, tolerance and inclusion increasingly require reining in offensive remarks in public, Imus’s show represented a last bastion of the clubby, old boy (and good old boy) atmosphere that prevailed in most of the places that mattered in the United States for much of its history. Until we acknowledge this, the level of discourse promoted on the Imus show will continue to flourish in other fora, nourished by a sadly corrupted notion of what freedom of expression means.

–Lolita Buckner Inniss, cross-posted from Comparative Racism and the Law–Canada/U.S.

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April Cherry, “The Detention, Confinement, and Incarceration of Pregnant Women for the Benefit of Fetal Health”

The abstract:

This article examines both the state’s role in the detention, confinement, and incarceration of pregnant women for the purported benefit of fetal health, the constitutionality of these actions, and the rights the state endangers when it does act. Section One discusses the effect of drug policy on the detention and confinement of pregnant women, outlines three types of fetal protection measures that result in the detention, confinement, or incarceration of pregnant women in the name of fetal health, and examines the legal rationales behind these mechanisms. Section Two discusses the constitutional rights at issue by addressing the ways in which detention violates two essential components of women’s rights: the right to be free from unwarranted detention and confinement and the right to reproductive decision making that is based in both the privacy and liberty doctrines. This section also focuses on the standards currently used by the United States Supreme Court both to assess the constitutionality of civil commitment, detention, and other types of confinement by the state and to evaluate violations of women’s reproductive rights. Section Three suggests two additional ways of thinking about privacy and liberty that may better protect women’s physical integrity and their other constitutional rights. First, the right to privacy should be viewed as an affirmative right. Second, privacy should be understood as an anti-totalitarian principle. Finally, this article concludes by suggesting that investing our energies in basic health care and drug treatment for pregnant women is the more effective and constitutionally acceptable way to produce better fetal outcomes.

Download it here. Via the Reproductive Rights Prof Blog.

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French right wing presidential candidate Jean-Marie Le Pen told a women’s forum he was against making condoms freely available in schools – advising young people to masturbate instead.

Well that’s what this article reports, anyway!

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New Study Finds “Abstinence Only” Sex Ed Programs Don’t Work

Via the Legal Momentum blog, A Celebration of Women’s Strength, a CNN article reports:

Students who took part in sexual abstinence programs were just as likely to have sex as those who did not, according to a study ordered by Congress.

Also, those who attended one of the four abstinence classes that were reviewed reported having similar numbers of sexual partners as those who did not attend the classes. And they first had sex at about the same age as other students — 14.9 years, according to Mathematica Policy Research Inc.

The federal government now spends about $176 million annually on abstinence-until-marriage education. Critics have repeatedly said they don’t believe the programs are working, and the study will give them reinforcement.

The referenced study is available here. An overview of the study can be accessed here. It states in pertinent part:

A recent study of four abstinence education programs, conducted by Mathematica Policy Research, Inc., finds that the programs had no effect on the sexual abstinence of youth. But it also finds that youth in these programs were no more likely to have unprotected sex, a concern that has been raised by some critics of these programs.

The study, conducted for the U.S. Department of Health and Human Services, was authorized by Congress in 1997 to evaluate the effectiveness of programs funded under Title V, Section 510 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Nationwide, more than 700 Title V, Section 510 programs receive up to $50 million annually from the federal government in order to teach youth about abstinence from sexual activity outside of marriage. Additional funding from state matching block grants brings annual spending for Title V, Section 510 sexual abstinence education programs to $87.5 million.

The study found that youth in the four evaluated programs were no more likely than youth not in the programs to have abstained from sex in the four to six years after they began participating in the study. Youth in both groups who reported having had sex also had similar numbers of sexual partners and had initiated sex at the same average age.

See also RH Reality Check.

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WIMN’s Voices: Jennifer L. Pozner discusses reality TV as backlash

Via WIMN Online:

…tune in this weekend to PBS’s To The Contrary to hear a roundtable of liberal and conservative women debate a taped interview in which I detail my research and analysis about reality TV’s function as the cultural arm of the backlash against women (check your local listings for air times). Having monitored gender roles in reality TV dating, mating and makeover shows since 2001, discussed the topic extensively on the college lecture circuit, and now working on a book on the topic, I had a lot to say…

More information is available here.

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Sexual Harassment and Title IX

Yahoo Sports reports:

Nine years after it was filed, a sexual harassment lawsuit against the University of North Carolina women’s soccer coach has regained momentum as a former player challenges how harassment and the culture of college athletics could violate Title IX.

In that lawsuit, Melissa Jennings accuses Anson Dorrance, the nation’s most decorated women’s soccer coach, of maintaining a hostile environment filled with sexual harassment. The former backup goalkeeper says the abuse violated Title IX by denying her the benefits of collegiate sports.

A ruling Monday from the 4th U.S. Circuit Court of Appeals in Richmond, Va., has resurrected the allegations that a District Court judge first dismissed three years ago. Federal judges overwhelmingly determined that the facts seemed to support Jennings’ harassment accusations and sent the case back to District Court for a jury trial.

“This case is going to be the leading case when it comes to the relationship between the coach and a student athletes,” said Jennings’ attorney, Daniel Konicek of Geneva, Ill. “No student-athlete should have to go through that daily torment.”

Read the entire article here. An Inside High Ed account is available here. The published Fourth Circuit opinion in Jennings v. North Carolina is accessible here. A prior post about the dispute on this blog by Stephanie Farrior can be accessed here.

–Ann Bartow

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Derrida Papers Sexual Harassment Controversy Update

Available here. Related posts here and here. To recap briefly: Then faculty member Dragan Kujundzic was sanctioned by the University of California, Irvine, in 2004 as a consequence of allegations that he sexually harassed a graduate student. Shortly before his death, Jacques Derrida tried unsuccessfully to use his papers as leverage to force UC Irvine to drop its investigation of Kujundzic. After being sanctioned, Kujundzic accepted a job at the University of Florida, where he remains on the faculty, despite a concern that the U of Florida was unaware of the sanction when it hired him. Meanwhile, Derrida’s widow has refused to honor Derrida’s agreement to give his papers to UC Irvine, which has resulted in a lawsuit, the specifics of which seem quite confusing.

–Ann Bartow

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American Airlines Launches Special Website For Women

CNN account here. Actual American Airlines website for women entitled “Women Travelers Connected” here. Below is a compare and contrast of the search boxes from the Women’s AA site and, oh why don’t we call the default the Men’s AA site:

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The Woman Search is so much simpler! And pinker! And you can use it to book Girlfriend Getaways! Yet for some inexplicable reason one of the women represented on this AA.com/Women page appears to be making a satanic gesture:

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Hey, I think a single finger could communicate my views! Search box visuals above via The Consumerist, where one commenter asks: Is it true they have replaced the “comments and suggestions” section with a post that reads: “When we want your opinion, lady, we’ll ask your husband”?

–Ann Bartow

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Women and Inheritance Rights in Uganda

Earlier this month, Uganda’s Constitutional Court advanced women’s rights when it modified provisions of that country’s intestacy laws.   As reported at allafrica.com  in this story:

The court … nullified several sections of the Succession Act, which dealt with property for widows, guardianship of children and domicile upon marriage. The judges added that the laws treated women as second-class citizens and were therefore inconsistent with the Constitution.  The Succession Act provisions which were struck out include Section 27, referring to intestacy, meaning a spouse dying without making a Will. The law provided that in such a case the administrator-general took over the family property, leaving the widow with no rights.

 The court also agreed … that [Section 27] was unfair to entitle widows to 15% of the husband’s property, while it was silent on the widower, thus assuming he was entitled to 100%.  

Also scrapped was Section 26, terminating a widow’s rights to the matrimonial property as soon as she remarried, while a widower kept his rights when he remarried.  The court also deleted Section 43, which gave only fathers the right to decide on the guardianship of their children if one parent died. The court agreed that this undermined the mother’s rights and presupposed that women were incapable.   Removed was also Section 44, which gave the male lineage rights over the female lineage when a husband dies. The law provided that the husband’s male relatives took over the family property and offspring, wresting control out of the widow’s hands.   Also scrapped were sections 14 and 15, which prescribed that the wife moved to her husband’s home area. She would consequently lose both homes in case she divorced. The Court agreed that this impacted on the woman’s rights.

-Bridget Crawford  

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Where’s the Blank-word?

Is it just me, or is anyone else getting tired of the incessant replay and repetition of Don Imus’ insensitive remarks concerning the Rutgers Women’s Basketball team? Don’t get me wrong. He needs to be taken to task for what he said. What I am concerned about is that what he said is being republished by the media.

The media won’t use the n-word, the f-word, or the j-word. I assume the broadcast media also will not use any of the seven-dirty words made famous by George Carlin. Why does the media feel it is okay to repeatedly use the h-word? Is there some hierarchy of offensive words that requires some of them to be blanked out while others are not? Is there a double-standard at work here that allows words that are derogatory toward women to be repeated when other offensive words are not? If so, who decides?

I can see an argument for why offensive remarks should be repeated. Perhaps, only by repeating them will people come to understand how they are offensive. If we hear the audio or video of offensive statements, we can better judge from the inflection of the voice or the expression on the speaker’s face the intent with which they were delivered and better determine whether the inevitable apology was sincere. But if this is an argument in favor of repeating Don Imus’s remarks, why is it not an argument for repeating Michael Richard’s offensive diatribe?

The reason, of course, is because to re-play Michael Richard’s remarks would have caused more hurt to more people and in direct and subtle ways would have legitimized the devaluation of a race. Which brings me back to my earlier point: Do members of the media think that re-playing Don Imus’s remarks are not hurtful to anyone other than the Rutgers Women’s Basketball team? In my opinion, by republishing such remarks the media is a party to the devaluation of women generally and the accomplishment of female athletes in particular. They should be ashamed.

— Sharon K. Sandeen

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Tennessee Seeks Visiting Faculty for Spring 2008

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The University of Tennessee College of Law seeks visitor(s) for Spring 2008. Tennessee needs visitors to teach tax, wills & trusts, and family law in the Spring 2008 semester. For more information, or to apply, contact Doug Blaze, Art Stolnitz and E.E. Overton Distinguished Professor of Law and Associate Dean for Academic Affairs.

— Mae C. Quinn

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“The Rules of the Game”

Over at The Conglomerate, Feminist Law Prof Christine Hurt has an interesting post up called “The Rules of the Game,” which she wrote to describe advice offered at a symposium, by women for women, about how to succeed at law firms.

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Cripes I Hate the Wall Street Journal Sometimes

Why? Well today, because of this post:

Brooklyn Law School Student Bares All

Posted by Peter Lattman bunny

It was hard to ignore the front page of this morning’s New York Daily News. Reads the headline:

LEGALLY BLONDE
Top law student’s crazy naked stunt backfires badly

It seems that Adriana Dominguez, a third-year at Brooklyn Law School, appeared naked in a Playboy TV series that has now made the rounds on the Internet. Dominguez isn’t shy about her exploits, posing for a News photographer yesterday and granting an exclusive interview.

“I wanted to do something a little crazy before I graduate and do become a lawyer . . . do something kind of out of character,”the 24-year-old told the News, adding,”Lawyers can be boring.”She also said she wouldn’t mind if opposing counsel saw these pictures of her.

Dominguez (U.Penn undergrad) has interned with a domestic violence unit in the Brooklyn DA’s office and served as treasurer of her law school’s Legal Association of Activist Women. She reportedly met with Brooklyn Law administrators over the video. Said a law school spokeswoman to the News:”We don’t want this to ruin the career of a young lawyer.”

Law Blog Question of the Day: If Dominguez passes the bar, New York’s Committee on Character and Fitness will have to decide whether to grant her admission. If you sat on the committee, would you?

Yes you asshole, I would. I’m not a fan of Playboy, to put it mildly, but I don’t think nudity is an ethical violation.

–Ann Bartow.

NB: Link via a male blogger who reportedly goes topless at the beach, and quite possibly showers daily without any clothing on whatsoever.

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Fawn Vrazo

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If you are lucky enough to live in Philadelphia, you probably already know who Fawn Vrazo was. She “shared the heartaches and triumphs of her long struggle with breast cancer in a moving Inquirer series called ‘The Cancer Chronicles,'” and died of the disease last Thursday. She was also an exceptionally warm, wonderful person. Her words can be read here. This is a terrible loss for so many people. I am very grateful to have known her.

–Ann Bartow

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I Am Not a Ho Either, And I’m Shopping Scarlet

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I don’t care if it is disloyal to my beloved Gamecocks; I’m buying some Rutgers Scarlet Knights shirts here and I’m going to wear them proudly. From this NYT story:

… Racial comments by white entertainers and degrading racial and sexual lyrics in black-dominated rap music have provoked a growing debate over the limits of expression about race in American public life.

“We need to get to the point where we don’t call women hos, we don’t classify African American women as ‘nappy-headed hos,”’ said team captain Essence Carson.

Imus made the comments last Wednesday after the Rutgers Scarlet Knights team lost the national collegiate championship game to Tennessee. “Hos” is slang for whores. “Nappy-headed” is steeped in racism and viewed as a vile slur describing African American hair.

“We have experienced racist and sexist remarks,” Rutgers head coach C. Vivian Stringer said at a team news conference. She called the comments “despicable” and “abominable” and contrasted them with academic accomplishments and professional potential of the team members who flanked her.

“These young ladies are the best this nation has to offer,” she said.

CBS Corp. unit CBS Radio and MSNBC, which broadcasts the ”Imus In The Morning” show on television, suspended Imus on Monday in a rebuke for the personality whose program draws top political and media figures.

“I think it is appropriate and I’m going to try to serve it with dignity,” Imus said in an interview with the “Today Show” on NBC. “This two-week suspension is not insignificant.”

Carson said the team has not yet decided whether to accept repeated public apologies Imus has made. She added she wanted to ask Imus: “After you meet me as a person, do you still feel that I’m a ho?” …

Essence Carson, you totally rock, and if you ever decide to attend law school, I hope you will consider South Carolina. See also.

–Ann Bartow

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Christine Brennan, “Gender distinctions confine women’s basketball to 2nd-class status”

In a recent column, Christine Brennan wrote:

The other night at the women’s Final Four, the Lady Vols won and the Lady Tigers lost. Earlier in the tournament, the Lady Rebels, Lady Bears and Lady Wolfpack bowed out. The Lady Buffs, Lady Gamecocks, Lady Raiders and Lady Toppers didn’t make the NCAAs this year. Back in the 1980s, the Lady Techsters ruled women’s basketball. Once upon a time, there even was a team known as the Lady Gents. As far as we know, however, there’s never been a team called the Lady Ladies.

t’s the strangest tradition left in women’s sports, this lingering need to add an unnecessary adjective to the school nickname. It comes from another place and time, yet it somehow remains – at least for a few dozen schools, mostly in the South, that somehow cannot see just how demeaning one little word can be.

“On the surface, it seems like a small issue,” said Women’s Sports Foundation President Aimee Mullins, “but it’s symptomatic of a larger pattern of women’s programs being viewed as the stepchild of the men’s programs. Because men’s teams were in place years before women’s teams, some women’s programs did this to differentiate between the two programs, but I think it’s passe now.”These programs are not spinoffs of the men’s programs. It demeans the seriousness of the women’s program to use the term ‘lady.’ These women train the same hours. It’s not a cute pursuit. But the ‘lady’ aspect makes it seem like that. It’s a little bit patronizing, I think.”

To be sure, most college programs have dropped the word “Lady,” or never started using it. In the Big Ten, only Penn State uses the antiquated term, and there’s hope the Nittany Lions will move into the 21st century after last month’s resignation of long-time women’s basketball coach Rene Portland.

When Rutgers coach C. Vivian Stringer arrived in New Jersey 12 years ago, she immediately removed the “Lady” from Scarlet Knights.

“I understand that that’s something more regional or Southern,” Stringer said. “And with all due respect, I just believe that basketball is basketball and you don’t need to make a distinction. … I think that it’s time to just drop the ‘lady’ thing. Let’s play basketball.” …

Read the entire column here. Via The Dees Diversion.

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“Western Women” and Muslim Headscarves

In the on-line version of Newsweek, Eleanor Clift writes, in When Is a Scarf Just a Scarf?, about Speaker Nancy Pelosi’s much-attacked decision to wear a headscarf, or hijab, while visiting a mosque on a recent visit to Syria. Clift writes that Pelosi’s choice “kicked off a debate here at home about whether the House Speaker did the right thing in bowing to a custom that to Western women symbolizes oppression.”

To some Western women perhaps. But Western women are not a monolith, and they include among them Muslim women who wear hijab. Islam is often counterposed with the “Western” world, and “Western” culture, in a way that assumes a neat geographical segregation of the religion. In fact, Islam, the world’s fastest growing religion, is very much present in the Western world, including in the United States, where millions of Muslims live. And does hijab necessarily represent women’s oppression? While some Muslim women oppose headscarves, countless Muslim women in secular countries choose to wear hijab, and they have diverse, and even feminist, reasons for doing so. In Critical Race Feminism Lifts the Veil?: Muslim Women, France, and the Headscarf Ban, 39 U.C. Davis L. Rev. 743, 759-67 (2006), Professor Adrien Katherine Wing and Monica Nigh Smith survey some of the reasons why women choose to wear hijab. For example, one woman quoted in the article explains:

[I have] accepted hijab so that I can be appreciated for my intellect and personality rather than my figure or fashion sense. When I face a classmate or colleague I can be confident that my body is not being scrutinized, my bra-strap or pantyline visible. I have repudiated the perverted values of our society by choosing to assert myself only through my mind.

The authors add, “Thus the scarf desexualizes women, prioritizing the intellect over the body.”

Of course no Muslim woman should be forced to wear a veil, and Muslim women in many countries do suffer very real oppression. But Western non-Muslims need to be careful not to make quick and judgmental assumptions about religious practices they know little about.

Caitlin Borgmann

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Well, Those “ReputationDefender” Guys Certainly Are Well Connected, Anyway

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I’ve already noted that for profit start up “ReputationDefender” management managed to get itself featured in stories in the Washington Post (here and here), and in basically an unpaid (I assume) commercial on NPR. The ReputationDefender homepage touts this media attention, bragging that the company is “As seen in …” and then listing NPR, the Washington Post, The New York Post, Good Morning America, and Fox News. The company has done an impressive job at getting major media outlets to shill its services; minor media outlets too.

In a move that will no doubt enhance its perceived legitimacy as well as visibility, a few days ago Harvard Law School seemed to convene an entire mini-conference around the for-profit company, with ReputationDefender CEO Michael Fertik as one of five featured panelists. Although AutoAdmit is specifically mentioned as a topic that the panel will address, no one representing AutoAdmit is listed as a speaker. As odious as they may be, this seems a little unfair, assuming that AutoAdmit representatives did not turn down an invitation to give their side of the issue, such as it is. [Update: I have been informed, and am attempting to confirm with HLS representatives, that Fertik refused to speak on the panel if anyone from AutoAdmit was included, and his demands were ceded to “because he is an alum with faculty ties.” Frankly, everything about this situation makes me want to take a long, cleansing shower.]

While the stated goals of the company are to “Stop Internet Sexual Harassment,” and to succeed with its “we save damsels in distress for a price” so-called CAMPAIGN TO DEFEND A WOMAN’S RIGHT TO PRIVACY & HER GOOD NAME!, both ReputationDefender’s Management Team and Advisory Board are all male. Why, I wonder. < Sarcasm > Because it is perfectly fine to exploit women who have been targeted for online abuse to gain favorable publicity for your start up company, but you wouldn’t actually want to employ any? Because men simply understand online sexual harassment better than the women who experience it? Because the the Harvard-affiliated ReputationDefenders are Larry Summers acolytes? Or are women viewed as just too emotional about the whole thing? < End sarcasm >.

In fairness, I must note that I spoke with one women victimized by AutoAdmit whom ReputationDefender has assisted, and she is quite complimentary about the work that has been done on her behalf. Oddly, however, it was her impression that most of the actual labor had been performed by volunteer law students. This is quite heartwarming and wonderful in many respects, but it makes the ReputationDefender for profit business model all the more confusing.

Related posts here, here, here and here.

–Ann Bartow

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Reasons I Love Being A Law Professor, A Continuing Series

Today’s Illustrated Installment: Unlike my neighbor, who works for a florist, I don’t have to dress up in a bunny costume and drive around delivering Easter bouquets.

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–Ann Bartow

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Congratulations to Mary Dudziak!

She is a 2007 Guggenheim Fellow!

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THERE’S NO CRYING IN LAW SCHOOL!

The inquiry recently posted by Nate Oman at Concurring Opinions and re-posted at Feminist Law Profs about part-time employment possibilities for lawyers made me think of the scene in A League of Their Own in which the manager of the team (played by Tom Hanks) tells a distraught player that”there’s no crying in baseball.” One could view the statement as suggesting that women do not belong in baseball, but being a baseball fan and a person who sees the glass half-full instead of half-empty, I always interpreted it as a description of what, for me, is the allure of baseball: despite the obstacles and difficulties that baseball players face, they never quit. As Yogi Berra said, the game”ain’t over until it’s over.”

My advice to law students who are about to graduate from law school, particularly female law students and law students of color, is to adopt a similar can-do attitude. You are about to enter a very select and privileged class that will open many doors for you. The fact is, despite all the lawyer jokes you hear, lawyers are respected members of society. Having a law degree means that you have the intelligence, knowledge, and skills to accomplish almost anything you set your mind to. If you want to become a partner in a large law firm, you can do it. If you want to work-part time and raise a family, you can do that too; it is up to you.

I don’t mean to suggest that achieving your goals will be easy. Like the boy in The Alchemist, you will face many obstacles that you must overcome before you achieve your goals. You will be required to constantly expand your knowledge of the law and your skill sets. You will have to learn to deal effectively with a variety of different personalities from co-workers, to clients, to judges. You will have to figure out how to deal with the stress that comes with having to solve the problems of others. As a woman who started practicing law in 1985, I know from experience that if you are a female attorney, you may experience overt discrimination or at least some form of undervaluation. None of these obstacles are insurmountable. More importantly, because you are a lawyer, you have the power to change the profession for the better.

If you need examples of what I am saying, or inspiration, you should read the profiles of attorneys posted at Ms. JD. These women faced many more obstacles than you, and they found success and fulfillment. In the process, they helped to transform the legal profession. You can do the same. If you do not think there are enough part-time employment opportunities in the legal profession, create them. Use the gift of analysis and reasoning that you have been given to convince the”powers-that-be” at your place of employment that there is value in offering part-time employment. If they don’t agree, find another place of employment. Start your own firm. In short, if you do not like the rules of the game that were established for the legal profession when there were few women or people of color in its ranks, make new rules. Re-design the legal profession.

Billy Jean King could have accepted the institution of tennis that existed when she was a young girl growing up in Southern California; an institution of the elite, white, upper-class that frowned upon tennis players who learned their skills on public tennis courts instead of at country clubs. She could have accepted the status quo and spent a lifetime lamenting the unfairness of her situation and wondering what might have been. Instead, she chose to use her gifts (her intelligence and tennis skills) to challenge the status quo and in the process she not only changed the institution of tennis, but she transformed the entire universe of women’s sports.

If Billie Jean King could transform tennis and women’s sports, just think what you as future lawyers can do. Billy Jean was (and is) talented, astute and tenacious; characteristics that all change agents seem to possess and that you will need if you want to achieve your goals. But what you as future lawyers have that she didn’t have is an education in the very subjects and skills that are needed to effect change. This ability to effect change is the very reason that lawyers are respected in society. We are trained to identify, analyze and solve problems. If you see problems with the legal profession or in society in general, you have the gifts needed to solve them; gifts that many other people in society do not have. That is why,”there’s no crying in law school.”

Sharon K. Sandeen

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That Career-Killing Culture of Life

A record 4,901 pregnancy discrimination complaints were filed with the Equal Employment Opportunity Commission (EEOC) in 2006. Medical News Today reports:

The Baltimore Sun on Wednesday examined pregnancy discrimination in the workplace, which some federal officials say is not uncommon. There were 4,901 pregnancy discrimination complaints filed with the Equal Employment Opportunity Commission and state and local fair employment practices agencies during fiscal year 2006, a 23% increase from the number of complaints filed in 1997. The most common complaints include not being hired, unlawful demotions and firing, EEOC consultants said. The increase in complaints “reflects both cultural shifts and old-fashioned notions that still exist in the workplace,” according to consultants, the Sun reports. The number of complaints might not accurately reflect the magnitude of the issue because many women see filing a complaint and pursing litigation as a “career killer,” EEOC spokesperson David Grinberg said. Women’s participation in the labor force has increased in the last several decades, reaching 60% in 2005, according to Department of Labor data. The Pregnancy Discrimination Act, which applies to employers with a staff of 15 or more, requires employers to address pregnancy as they would a temporary illness or medical condition. Employers should not ask job candidates if they are pregnant or plan to have children, and employee candidates are not required to inform employers if they are pregnant, workplace consultants and attorneys said. Consultants recommend that workers inform employers of their pregnancy as soon as possible so the company can make staffing arrangements, the Sun reports. According to Jocelyn Frye, a general counsel for the National Partnership for Women and Families, companies must specifically address pregnancy discrimination in addition sexual harassment and sex discrimination. “Women should never be forced to choose between motherhood and their livelihood,” Grinberg said, adding, “Employers should be sensitive to this issue” (Cho, Baltimore Sun, 3/28).

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Women Should Patronize Pedicabs Because Otherwise They Might Step In Gum With Their High Heels, Or Get Grabbed By Predators

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

Pedicabs steering into Columbia, by Jason Ryan

After a hard week’s work, many of Columbia’s young professionals want a hard night out.

That means weekends traipsing between watering holes and planting often-uncomfortable dress shoes and heels all around the Vista.

What’s the cure for such unhealthy doses of second-hand smoke and a set of aching arches?

Entrepreneur Mike Woodland suggests a little chicken soup for the sole.

Mike’s Bike Transport is the second pedicab service in a year to start in the Vista, using tricycle-powered rickshaws to ferry around late-night crowds and visitors : particularly those in town to see USC games or big-name entertainers.

Woodland got the idea for his pedal-powered taxis this fall while watching a woman hobble back to her car in high heels following a USC football game.

He’s not the only one banking on the bikes. In June, Columbia City Council gave its blessing to the operations of Carolina Pedicabs, which could not be reached for comment.

Columbia joins the ranks of New York City, Denver, Charleston and many European and Asian cities offering pedestrians wheeled, open-aired respites from the hardships of sidewalk travel : imperiled as it can be with cracks in concrete and the occasional landmines of wads of gum.

“It’s kind of a sign we’re growing up,”said Fred Delk, executive director of the Columbia Development Corp.

Woodland, a 33-year-old staff sergeant at Fort Jackson, started service in February with two pedicabs prowling the Vista.

He greets everyone he passes, offering them rides within downtown Columbia and the Vista for a flat fee of $5.

“Some people will bite on it, some people won’t.”

Tips are where the money is. His best customer paid him $150 to carry four people 150 yards after a Rascal Flatts concert.

Many customers see the pedicab as a novelty, Woodland said, and some consider it romantic, given its comfy back seat.

Heck, with room to cuddle, no exhaust or horse odors and its leisurely pace, the pedicab is hard to beat as the cheap date’s chariot.

Not that everyone’s buying a ride.

For about two hours on Friday night, Woodland’s pedicabs stood still, empty of customers.

But on Saturday night, with comedian Steve Harvey playing The Township, Woodland said he did good business.

Some might like to poke fun at the vehicles : one observer asked Woodland for a ride to Irmo : but Mike’s pedicab driver Drew Rowland said safety should not be taken for granted at night in Columbia.

Rowland, who also works as a security guard, said it’s a good idea for women to be escorted to their cars after a night on the town.

“A lot of these females walk out intoxicated, not paying attention to their surroundings,”Rowland said.”A predator is just waiting to grab them.”

Pedicabs may not have “horse odors” but as the weather here in South Carolina warms up, the pedicab peddlers may become a bit odoriferous as an evening proceeds. But will their bike-induced B.O. be enough to scare the rampaging predators away from the drunken women hobbled by high heels and their cheap dates?

–Ann Bartow

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Lighting Up The Screen?

CNN is replacing their anchors on CNN American Morning. Soledad O’Brian is losing her anchor position, and is getting replaced by Kiran Chetry, who formerly appeared on the Fox News Channel.

CNN President Jonathan Klein reportedly said, “One look at her tells you why she deserves the spot. She’s a terrific anchor who lights up the screen.” This contrasts fairly dramatically with his commentary about John Roberts, who is taking over Miles O’Brien’s corollary anchor spot. According to this Yahoo News story, “Klein described Roberts as a ‘classic news anchor’ who’s also distinguished himself as a reporter on stories including the Israel-Lebanon war and the war in Iraq.”

One only need consider sites like this to wonder what the real role of women in the news media is. Kiran Chetry specific posts can be found here, where her value is revealed through an ability to do stomach crunches on camera and bend over in front of the camera while supposedly bowing to a football helmet.

One wonders where the discussion of her journalistic talents is. Wikipedia has an entry about her complete with a “headshot.” Rather than discussing her journalistic accolades – she won an award for a report on teen smoking – there is more discussion about her “story about eating ice cream” and how Maxim Magazine put her on their “top ten list of TV’s Sexiest News Anchors.”

–Susan Franck

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“Wal-Mart changes corporate birth control policy: EC will be dispensed without discrimination or delay”

Per Planned Parenthood’s blog “Save Roe!”:

Wal-Mart has signed onto Planned Parenthood’s pharmacy policy on emergency contraception (EC), also known as the “morning-after pill.” This means that Wal-Mart will provide EC in-store, without delay. Over the past few years, Wal-Mart pharmacies have been notorious for not stocking EC or refusing to provide it even when it was in stock. And without a clear corporate policy, the pharmacies were not held accountable.

Under the new policy, Wal-Mart has committed to:

– ensure that customers receive their prescriptions or over-the-counter (OTC) products in-store, without discrimination (no harassment or lectures), without delay, without judgment or regard for the number of refills prescribed or, in the case of OTC products, requested

– stock emergency contraception in every store in which one or more customers request the product

– ensure timely access to out-of-stock medication by offering to order the medication or refer the customer to another pharmacy that stocks the medication

– circulate and enforce these policy and procedures corporation-wide

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Jane Austen Collectible Toys

These are a little weird:
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Jane Austen Action Figure
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Jane Austen Plush Doll

The same vender offers a Jane Austen Finger Puppet as well, but that COMPLETELY freaks me out, especially the product description, which states:

As magnificent of a finger puppet as there ever was one. Jane Austen wrote lots of books, and now she can be in lots of your own finger puppet shows. When your tired, stick her on refrigerator, she’s also a magnet.

As Bitch, Ph.D. noted, the NYT recently ran an article helpfully explaining that “she might have become arguably the greatest English-language novelist in history only because she was too homely to land a husband.” Thank goodness law professors don’t have to be hot either!

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Feminism at Duke

Or lack thereof? This student newspaper column, entitled Va-va-voom, that appeared in the Duke Chronicle, is a little confusing in places perhaps, but it sure didn’t warrant some of those appended comments. Ick.

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Annals of Anti-LGBT Encounters

Paum Spaulding asked readers to describe memorable Anti-LGBT encounters both at Pam’s House Blend and at Pandagon. The comments her query elicited are educational as well as alarming.

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Joan Heminway Is Smiling This Morning!

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Just in case you haven’t seen her license plate, let me tell you, she is a huge Lady Vols fan!

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G. Kristian Miccio, “What’s Truth Got To Do With It? A Deontological Critique and Response to Tom Lininger’s Article ‘Reconceptualizing Confrontation After Davis.'”

Below is the introduction:

Let me begin by saying that I enjoyed Professor Lininger’s article and found the recommendations aspirational and noteworthy. Let me also say that while I use the term”deontological”in my title, this Essay has nothing to do with ontological or deontological ideas or notions, in part because purely theoretical musings really can’t have any bearing on what we do or how we do it. I employ the term so that the theorists who count thousand-dollar words will believe that I, and we, have the theoretical world under control.

We do not, nor should we.

In addressing the current Supreme Court decisions regarding the Confrontation Clause rights of defendants in domestic violence cases against unavailable battered women, Professor Lininger evaluates possible public policy initiatives against a theoretical backdrop constructed by Kant, Rawls, and Bentham. Yet theory, much like religion, is merely a hunch. Theory gains currency by moving from mere hunch to workable precept only when it is tested against the reality of a world inhabited by mortals:and, in the context of Professor Lininger’s article, this means battered women’s lives.

Conceptions of moral agency, good, and utility are contextual, and while I don’t endorse relativism, I do recognize that one’s cultural position shapes his or her notions of autonomy, good, and utility. As philosopher Diane Meyers reminds us, Kantian, Rawlsian, and Benthamian conceptions of the self are deeply flawed because they disconnect the self from what forms it. If the self is disaggregated from its social origins, invented, inauthentic theories of the self result. Race, gender, class, and sexual orientation configure the who, the how, and the what of selfhood, and one must constantly resist cultural imperatives that misshape one’s identity.

Indeed, posing the perennial, misguided question of why battered women stay in abusive relationships implies that women remain in homes marked by terror out of either masochism or delusion. Yet women stay in such relationships in part because of cultural conceptions of the good mother or the good woman as someone who subordinates her needs, her desires, and at times her safety in order to”keep the family together.”Kant would tell us that such a response demonstrates moral immaturity. Rawls, while attempting to locate”the good,”would filter out cultural scripts, prodding battered woman and mother alike to rise above such pedestrian concerns. Bentham would not have a clue how to handle this reaction to cultural imperative. …

Read the entire piece here in “See Also,” an online companion to the Texas Law Review!

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Posted in Acts of Violence, Feminism and Law, Feminist Legal Scholarship | Comments Off on G. Kristian Miccio, “What’s Truth Got To Do With It? A Deontological Critique and Response to Tom Lininger’s Article ‘Reconceptualizing Confrontation After Davis.'”

Massachusetts’ governor Deval Patrick orders state officials to record the marriages of 26 out-of-state gay couples whose unions were blocked by his predecessor, Republican presidential candidate Mitt Romney.

Story here. Blogitorial reaction here.

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Posted in Feminism and Politics | Comments Off on Massachusetts’ governor Deval Patrick orders state officials to record the marriages of 26 out-of-state gay couples whose unions were blocked by his predecessor, Republican presidential candidate Mitt Romney.

Sex Trafficking in Pakistan and in South Carolina

NYT columnist Nicholas Kristof writes today (behind the Times Select firewall) about sex slavery in Pakistan, observing that “…neo-slavery is the plight of millions of girls and young women (and smaller numbers of boys) around the world, particularly in Asia. A major difference from 19th-century slavery is that these victims are dead of AIDS by their 20s.” Lest anyone thing this is something that only happens to poor people in distant countries, a South Carolina newspaper reports:

U.S. Attorney Reggie Lloyd plans an increased push against human trafficking after authorities broke up a prostitution ring ran by three illegal immigrants.

In the past, South Carolina authorities would simply deport women in the county illegally if they were arrested for prostitution and charge the people running the ring with immigration offenses, such as falsifying documents, Lloyd said.

But that has changed, especially after the arrests last week of two men accused of smuggling a 14-year-old girl from Mexico into the U.S. and forcing her into prostitution, Lloyd said. A third man is being sought in the case.

“We don’t look at them anymore as an illegal alien; we really are looking at them now as victims,” Lloyd said. “Regardless of them being here illegally, they are being exploited.”

Lloyd said human trafficking in the state is bigger than anyone recognized.

“There is a great deal of this going on in this state,” Lloyd said. “As we get better, I think you will see more of these cases brought.”

The human trafficking trade can be as sophisticated and lucrative as the drug trafficking business.

The people selling the women must smuggle them into the United States, help them live and take them from place to place to work as well as round up customers, Lloyd said.

It can also mean big profits. In a 2005 case in Myrtle Beach, Jose Hernandez-Becerra, who was in charge of a brothel, told authorities he made $700 in one night from one prostitute, according to court documents obtained by The (Columbia) State.

That incident also shows how these cases used to be handled.

One woman busted for prostitution was an illegal immigrant from Mexico. After being promised a better job in Myrtle Beach, she said she was forced to have sex for money or the leaders of the ring would kill her.

After her arrest, she spent three months in prison. Nowhere in the sworn statement leading to her arrest mentioned her forced prostitution, assistant U.S. attorney William Day said.

The leaders of the prostitution ring, Martin Carbajal-Servin and Estella Aguilar-Ortiz, a husband and wife who were here illegally, pleaded guilty to enticing women into prostitution. Carbajal-Servin got two years in prison; Aguilar-Ortiz was sentenced to 11 months.

Lloyd started a human trafficking task force for South Carolina a few months after he took office in February 2006 that includes the FBI and Gov. Mark Sanford’s office.

“We should have been doing this a long time ago,” Lloyd said. “It is a moral outrage that we haven’t done anything prior to this.”

South Carolina is also one of less than 10 states that have passed a law banning human trafficking.

“This activity is human slavery,” said Rep. Catherine Ceips, R-Beaufort, who sponsored the bill. “I hope this law will help prosecute those men to the fullest extent that they can be prosecuted.”

See also. Major kudos to U.S. Attorney Reggie Lloyd, an outstanding graduate of the University of South Carolina School of Law.

–Ann Bartow

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