“Sexy Feminisms”

Atlantis 31.2 – “Sexy Feminisms? Trans-Formations in Feminist Sexuality
Studies After QueerTheory.” Guest edited by Susanne Luhmann and Rachel Warburton
*order your copy at www.msvu.ca/atlantis

From the issue website:

This issue poses Sexy Feminisms as a question so as to query where feminist theorizations of sexuality are today and where they are heading…If these opposing poles of pleasure versus danger marked the 1980s sexuality debates within feminist circles, in the 1990s a debate surfaced between feminist and the then just emerging new fields of lesbian/gay and queer studies. These latter fields and their theories owe in their emergence much to earlier feminist discourses of sexuality. Yet they often fail to acknowledge this intellectual and political heritage and, at times, position themselves squarely against feminism and women’s studies…

In the Canadian context, the relationship between feminist and queer theory, between lesbian/gay and women’s studies was worked out perhaps less in stormy public debates than in institutional formation processes and scholarly affiliations. The early 1990s saw the birth of the Canadian Lesbian and Gay Studies Association, which, at the time, involved among its founders many with roots within women’s and feminist studies. As the organization grew over the past decade, the potential tension or split between women’s and lesbian/gay studies was bridged often, perhaps in a very Canadian fashion, by cooperation rather than open competition. Presenters and organizers frequently initiated joint and co-sponsored events between CLGSA and CWSA/ACEF…Institutionally we see today a whole series of different patterns of program formation. LGBTIQ Studies and sexuality studies in the Canadian academy are emerging variously as distinct and separate degree granting programs under various names: Sexual diversity studies being one example, critical sexuality studies another. Some universities offer minors or concentrations in sexuality studies within existing women’s studies programs. In other places, what used to be called women’s studies programs have undergone a renaming process and are now called, for example, Women, Gender and Sexuality studies. Curriculum transformation processes also made sexuality studies a central subfield within the continuously evolving (inter)discipline…

Feminist sexuality studies has faced new challenges in the forms of queer theory, transgender, and transnational scholarship, as well as critical race, whiteness, and disability studies. Given these transformations, the goal of this special issue of Atlantis is to offer a glimpse into the current states of feminist sexuality studies in the wake of various theoretical and political influences…

As with previous feminist sexuality studies, the contributors to this volume highlight the revolutionary potential of sexual pleasure. Those pleasures continue to be found in places that defy a narrative of feminine sexual subordination, and unsurprisingly, several pieces espouse a manifestory tone. Kathryn Payne, Loree Erickson, and Chanelle Gallant revel in the emancipatory power of sexual pleasure, while Nina Martin is more sceptical about the liberatory potential of the pornification of culture… Krista Scott-Dixon’s article, which opens the issue, draws upon the work of feminist science scholars to argue for what she calls a “critical science of sex, gender, and sexuality.”…Representations of bodies, and particularly bodies that defy the compulsory coherence of sex, gender, and sexuality, in two recent documentaries on gendered sex play for ftm trans men, are the object of Bobby Noble’s article…The first of two creative contributions, Trish Salah’s meditation on the dubious welcome offered to trans patrons of the first women’s bathhouse powerfully conveys the sense of frustration involved in making feminist spaces trans positive…By way of an interview, Chanelle Gallant addresses the political dimensions of female sexual pleasure, the whore stigma, colonization of the female body, and feminist workshop pedagogy… Jenny Higgins reflects her own research and her desire to infuse a project on contraceptive use with feminist theorizations of sexual agency and pleasure; something she found missing from public health research. In the process of conducting her research, she finds both her work in public health and the feminist theorizing of sexual agency challenged. The volume concludes with three pieces focussing on feminist cultural production. Tal Dekel engages the ways women of color in the visual arts, especially American artist Kara Walker, rewrite the sexualized racial vocabularies of art history. Rebecca Hardie examines Karen Finley’ s performance art with a view to the ways in which Finley uses her body to reconfigure both performance conventions and sexual taboos. An interview with Toronto-based artist Allyson Mitchell, a photo of whose work graces the cover of this issue, concludes this special issue…Rounding out this intriguing collection, we include a poem by Gwen Bartleman describing her encounter with the statue of the Famous Five, and reviews of books from different perspectives in the “longstanding conversation” around feminism and sexuality.

TABLE OF CONTENTS

Susanne Luhmann and Rachel Warburton – Introduction to “Sexy Feminisms? Trans-Formations in Feminist Sexuality Studies After Queer Theory”

Krista Scott-Dixon – Towards an “Invested Empirical Method”: Reclaiming Feminist Science Studies

Bobby Noble – The “P” Word: Trans Men, Stone Butches and the Politics of Penetration

Trish Salah – Transfixed in Lesbian Paradise

Gwen Bartleman Les Femmes

Nina K. Martin Porn Empowerment: Negotiating Sex Work and Third Wave Feminism

Loree Erickson – Revealing Femmegimp: A Sex-positive Reflection on Sites of Shame as Sites of Resistance for People with Disabilities

Kathryn Payne – From Abject to Subject: Some Thoughts on Sex Work as a Missing Link in Feminist Understandings of Sexuality

INTERVIEW – Rachel Warburton talks with Chanelle Gallant

Jenny Higgins – Sexy Feminisms & Sexual Health: Theorizing Heterosex, Pleasure, and Constraint in Public Health Research

Tal Dekel Sex, Race and Gender: Contemporary Women Artists of Color, the Case of Kara Walker

Rebecca Hardie – Karen Finley’s Performance and Judith Butler’s Performative: Subverting the Binary Logic of Theatrical Functions

INTERVIEW – Susanne Luhmann talks with Allyson Mitchell

BOOK / VIDEO REVIEWS

Sons of the Movement: FTMs Risking Incoherence on a Post-Queer Cultural Landscape – Reviewed by Natasha Hurley

Sex Change, Social Change: Reflections on Identity, Institutions, and Imperialism – Reviewed by Rachel Hurst

Made in India: Decolonizations, Queer Sexualities, Trans/national Projects – Reviewed by Priya Jha

Sexing the Church: Gender, Power, and Ethics in Contemporary Catholicism – Reviewed by Chris Klassen

Big Sister: How Extreme Feminism has Betrayed the Fight for Sexual Equality. – Reviewed by Elizabeth Majic

Female Chauvinist Pigs: Women and the Rise of Raunch Culture. – Reviewed by Sarah Neville

Breaking the Bowls: Degendering and Feminist Change – Reviewed by Linda Wayne

Undoing Gender – Reviewed by Melissa Autumn White

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The Path from “Amazing Girl” to Stay-at-Home Mom

On the Reproductive Rights Prof blog, I comment on the article by Sara Rimer in Sunday’s New York Times on so-called “amazing girls”:

Girls by the dozen who are high achieving, ambitious and confident (if not immune to the usual adolescent insecurities and meltdowns.) Girls who do everything: Varsity sports. Student government. Theater. Community service. Girls who have grown up learning they can do anything a boy can do, which is anything they want to do.

I’m particularly interested in the stark contrast between the messages these high-powered girls are given as teenagers and those they get later on as mothers.  

-Caitlin Borgmann

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Part Time Lawyering?

At Concurring Opinions Nate Oman writes:

Recently one of my students asked me a question that I am embarrassed to say I don’t know the answer to. Maybe there isn’t one. She explained to me that she would like to work someplace for four or five years, and then go to working part time in order to start a family with her husband. Did I know of any fields of law or career paths which would be more accommodating to these goals? Sadly, I had to confess that my practical exposure to the profession was basically limited to the bill-hundreds-and-hundreds-of-hours-until-you-make-partner
-and-then-bill-hundreds-and-hundreds-more-hours career track. By and large, I enjoyed working at my firm. My colleagues were on the whole pleasant, intelligent, and decent people. On the other hand, I don’t know that I can in good faith advise my student that she ought to head to K Street to achieve her goals …

The comments that follow offer suggestions. I think Patent drafting and prosecution, and possibly some kinds of Trademark related law jobs offer fairly good part time potential. Any litigation heavy practice would be tough to do part time, though.

–Ann Bartow, via Susan Franck

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ASWAT – An Organization of Palestinian Gay Women

ASWAT’s website is here. ASWAT recently held a conference, discussed here. Via Women’s Space/The Margins, where there is more information.

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Abortion Rights in Mexico

This International Herald Tribune article reports:

Dominated by liberals, Mexico City’s legislature is expected to legalize abortion in a few weeks. The bill would make this city one of the largest entities in Latin America to break with a long tradition of women resorting to illegal clinics and midwives to end unwanted pregnancies.

But the measure has stirred a vicious debate and shaken this heavily Roman Catholic country to its roots. In recent days, the bill has dominated conversations from family dinner tables to the president’s office. Celebrities and politicians of all stripes have lined up on both sides, throwing verbal darts at one another. Catholic and feminist groups have staged dueling protests and marches.

The contours of the debate are familiar to veterans of similar battles in the United States. But Mexico City’s law would be groundbreaking in Latin America, where most countries allow abortion only under strict conditions, like when the life of the mother is in danger or when she is a victim of rape or incest. Only in Cuba, Puerto Rico and Guyana can women have abortions for any reason during the first trimester. Three countries : Chile, Nicaragua and El Salvador : ban it without exception.

The Mexico City bill would make it legal to have an abortion during the first trimester for any reason. The procedure would be free at city health facilities. Private hospitals would be required to provide an abortion to any woman who asks for one, though doctors with religious or ethical objections would not be required to perform abortions. …

… Government officials estimate at least 110,000 women a year seek illegal abortions in Mexico, and many abortion rights groups say the number is much higher. At least 88 women died in 2006 from botched abortions, the Health Ministry says, though it is far from clear that all cases were reported.

For the well off, it is common knowledge that certain gynecologists perform illegal abortions in private hospitals, disguising the procedure as something else on documents.

For the poor, unwanted pregnancies often mean finding a midwife or an underground clinic, abortion rights advocates say. Some young women also resort to huge doses of drugs for arthritis and gastritis, available over the counter, that can cause miscarriages. Others use teas made from traditional herbs to cause miscarriages. All of these methods carry dangers. …

Read the entire article here.

Just a year ago Human Rights News reported that rape victims were denied legal abortions in Mexico. More information from HRW about the current legal framework in Mexico is available here.

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The “New Face of Maytag”

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Why is the Maytag Repairperson always a middle-aged white guy? And, see also.

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Ms. JD Conference

I spent last Saturday at the Yale Law School attending Legally Female, the first conference sponsored by Ms. JD. It was a terrific experience in many ways, as one would expect from a gathering of feminist law students. I’ll write more about this soon. The conference organizers and blog administrators are trying hard to reach out to lots of different women in the profession and balance a lot of competing interests, which is never easy. The energy at the conference was great, and if you haven’t already, check out the Ms. JD blog!

–Ann Bartow

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Bill Of Rights Pared Down To A Manageable Six

WASHINGTON, DC:Flanked by key members of Congress and his administration, President Bush approved Monday a streamlined version of the Bill of Rights that pares its 10 original amendments down to a “tight, no-nonsense” six.

Bush signsAs supporters look on, Bush signs the Bill Of Rights Reduction And Consolidation Act.

A Republican initiative that went unopposed by congressional Democrats, the revised Bill of Rights provides citizens with a “more manageable” set of privacy and due-process rights by eliminating four amendments and condensing and/or restructuring five others. The Second Amendment, which protects the right to keep and bear arms, was the only article left unchanged.

Calling the historic reduction “a victory for America,” Bush promised that the new document would do away with “bureaucratic impediments to the flourishing of democracy at home and abroad.”

“It is high time we reaffirmed our commitment to this enduring symbol of American ideals,” Bush said. “By making the Bill of Rights a tool for progress instead of a hindrance to freedom, we honor the true spirit of our nation’s forefathers.”

The Fourth Amendment, which long protected citizens’ homes against unreasonable search and seizure, was among the eliminated amendments. Also stricken was the Ninth Amendment, which stated that the enumeration of certain Constitutional rights does not result in the abrogation of rights not mentioned.

“Quite honestly, I could never get my head around what the Ninth Amendment meant anyway,” said outgoing House Majority Leader Dick Armey (R-TX), one of the leading advocates of the revised Bill of Rights. “So goodbye to that one.”

Amendments V through VII, which guaranteed the right to legal counsel in criminal cases, and guarded against double jeopardy, testifying against oneself, biased juries, and drawn-out trials, have been condensed into Super-Amendment V: The One About Trials.

Attorney General John Ashcroft hailed the slimmed-down Bill of Rights as “a positive step.”

“Go up to the average citizen and ask them what’s in the Bill of Rights,” Ashcroft said. “Chances are, they’ll have only a vague notion. They just know it’s a set of rules put in place to protect their individual freedoms from government intrusion, and they assume that’s a good thing.”

Bill of rights revisionsBush works on revisions to the Bill of Rights.

Ashcroft responded sharply to critics who charge that the Bill of Rights no longer safeguards certain basic, inalienable rights.

“We’re not taking away personal rights; we’re increasing personal security,” Ashcroft said. “By allowing for greater government control over the particulars of individual liberties, the Bill of Rights will now offer expanded personal freedoms whenever they are deemed appropriate and unobtrusive to the activities necessary to effective operation of the federal government.”

Ashcroft added that, thanks to several key additions, the Bill of Rights now offers protections that were previously lacking, including the right to be protected by soldiers quartered in one’s home (Amendment III), the guarantee that activities not specifically delegated to the states and people will be carried out by the federal government (Amendment VI), and freedom of Judeo-Christianity and non-combative speech (Amendment I).

According to U.S. Sen. Larry Craig (R-ID), the original Bill of Rights, though well-intentioned, was “seriously outdated.”

“The United States is a different place than it was back in 1791,” Craig said. “As visionary as they were, the framers of the Constitution never could have foreseen, for example, that our government would one day need to jail someone indefinitely without judicial review. There was no such thing as suspicious Middle Eastern immigrants back then.”

Ashcroft noted that recent FBI efforts to conduct investigations into “unusual activities” were severely hampered by the old Fourth Amendment.

“The Bill of Rights was written more than 200 years ago, long before anyone could even fathom the existence of wiretapping technology or surveillance cameras,” Ashcroft said. “Yet through a bizarre fluke, it was still somehow worded in such a way as to restrict use of these devices. Clearly, it had to go before it could do more serious damage in the future.”

The president agreed.

“Any machine, no matter how well-built, periodically needs a tune-up to keep it in good working order,” Bush said. “Now that we have the bugs worked out of the ol’ Constitution, she’ll be purring like a kitten when Congress reconvenes in January:just in time to work on a new round of counterterrorism legislation.”

“Ten was just too much of a handful,” Bush added. “Six civil liberties are more than enough.”

[Source.]

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Links!

“Reporting on Feminism and Health” at Echidne of the Snakes.

“Girls in North Dakota = Chattel” at Bitch, Ph.D.

“Zines: For When Mainstream Media Lets us Down” at the f-word

“That’s Some Gaydar!” by Diane E. Dees at the Mojo Blog

“No Respect Please, We’re Women” at arse poetica

“Poverty Awareness Week at UNC” at GreeneSpace

“Discipline and Puzzle” by Michael Berube at Crooked Timber

“It’s Funny What Will Make Me Sad” by Lizardbreath at Unfogged

“Because Someone Asked” at Mimi Smartypants

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Call for Papers: Women and Social Justice

The Journal of Interdisciplinary Feminist Thought (JIFT) invites contributions for its next issue, which will be devoted to the theme Women and Social Justice.

Papers are sought in all disciplines; joint papers and papers co-authored with student researchers are also encouraged.   Papers, rendered in MS Word, should be 20-25 pages in length, typed, and formatted according to the accepted method for the discipline.

The theme Women and Social Justice will be interpreted broadly so as to encourage a variety of perspectives.  

Send manuscripts in electronic format (MS Word) to Drs. Sarah Littlefield and Johnelle Luciani, RSM, co-editors, at these addresses:   littlefs@salve.edu; lucianij@salve.edu.   Each manuscript should include the following contact information:   author(s) name(s), institutions, telephone number(s), and email address(es) for all authors, and home and work address for the corresponding author.

DEADLINE FOR SUBMISSION:   October 15, 2007

-Posted by Bridget Crawford

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Diane Patrick

Diane Patrick is a partner at a large law form in Boston, and is also married to Deval Patrick, Governor of Massachausetts. The Boston Globe has recently reported that she is suffering from depression. Kudos to her for acknowledging this publicly. It can’t have been easy.

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The Women’s Equality Amendment (aka ERA All Over Again)

Today’s Washington Post has this article about a possible “revival” of the ERA:

Federal and state lawmakers have launched a new drive to pass the Equal Rights Amendment, reviving a feminist goal that faltered a quarter-century ago when the measure did not gain the approval of three-quarters of the state legislatures.   Yesterday, House and Senate Democrats reintroduced the measure under a new name — the Women’s Equality Amendment — and vowed to bring it to a vote in both chambers by the end of the session.

The renewed push to pass the ERA, which passed the House and Senate overwhelmingly in 1972 and was ratified by 35 states before skidding to a halt, highlights liberals’ renewed sense of power since November’s midterm elections….The amendment consists of 52 words and has one key line: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” That sentence would subject legal claims of gender discrimination to the same strict scrutiny given by courts to allegations of racial discrimination.

Although more states are considering ratifying the ERA now than at any other time in the past 25 years, activists still face serious hurdles. Every statewide officeholder in Arkansas endorsed the amendment this year, but the bill stalled in committee last week after Eagle Forum President Phyllis Schlafly came to Little Rock to testify against the measure.

In the 1970s, Schlafly and others argued that the ERA would lead to women being drafted by the military and to public unisex bathrooms. Today, she warns lawmakers that its passage would compel courts to approve same-sex marriages and deny Social Security benefits for housewives and widows.

The WaPo article overlooks the fact that not all opposition to the ERA came from outside the feminist movement.   Professor Martha Fineman, for example, objected to the ERA on the grounds that some pro-female legislation might become  unconstitutional.   Professor Mary Becker  questioned  the continued vitality  of affirmative action under the ERA.   (Professor Jane Mansbridge discusses these and other debates in her analysis of the ERA’s difficult history, Whatever Happened to the ERA, in  Women and the United States Constitution: History, Interpretation, and Practice (Sibyl A. Scharzenbach & Patricia Smith eds., 2003)).

Feminists of the so-called “second wave” are not the only ones who disagree.   In their book Manifesta, published in 2000, third-wave feminists Amy Richards and Jennifer Baumgardner included ratification of the ERA on (albeit at the end of) their 13-point social/political agenda.   Richards and Baumgardner called the ERA a “constitutional foundation of righteousness and equality upon which future women’s rights conventions will stand.”    Righteousness and equality have a certain fist-raising appeal, but  what do they mean?   Does equality mean equal treatment?     Rebecca Walker, for one, seems to suggest that not only are women and men are fundamentally different, but that mothers are different from non-mothers.   If feminists reach no agreement on the meaning of equality, it is unlikely that our legislators will.

-Bridget Crawford

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The “Sunsilk Haircare Company” STINKS!

Because of this, and also this. Ugh.

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Race, Class, Gender, Disability and Prostitution, All In One Sad and Awful Local News Story

“Immigration officials are searching for a Mexican national they say forced young Mexican women : including a 14-year-old girl and a 19-year-old deaf woman : to work as prostitutes in Columbia [South Carolina], sometimes servicing up to 40 clients a day each.”

–Ann Bartow

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Like To Keep Potable Fluids Handy? How About Footy?

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It’s The Dram Sandal!

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Ria Cortesio: First Female MLB Umpire (In A Very Long Time)?

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According to this blog post:

Thursday, March 29, at about 2:00 p.m, central time, Ria Cortesio will step into position on the first base line in Phoenix, Arizona, and she will do something that no woman has done since March 1989. She will be an umpire in a game between major league teams (if you count the Chicago Cubs as a major league team).

I write because Ria is a friend of mine. She’s someone that I’ve known since the 1990s when she was a student at Rice University, and she was working as part of the Astrodome video crew.

She’s been working at this for a long time, now. In Houston, she umpired high school and little league games. She’s umpired in the independent leagues, she spent time in A-ball, and she’s about to start her 5th year with the AA Southern League. She’s been accused by George Steinbrenner of squeezing the strike zone on Roger Clemens — this was during a Clemens rehad start in Single A ball. She also happens to be the next in line to advance to AAA.

Good luck, Ria. I’m pulling for you to make the majors. But just don’t expect me to pull my punches. The umpire always sucks.

More here. Somebody better tell Keith Hernandez to take deep cleansing breaths!

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Still More About Misogyny and Blogging

Kathy Sierra’s story, as discussed here, has generated a variety of blogospheric responses, such as this post at Pandagon, and this post at Mathewingram.com and this post at BlogHer, and this post at Odd Time Signatures. Tech blogger Robert Scoble went on hiatus in response not only to what happened to Kathy Sierra, but because his wife was targeted as well, with comments such as those described here.

Getting lied about and attacked by anonymous strangers is a huge downside of blogging. On the bright side, there is no real anonymity in cyberspace and if people cross certain lines, they almost certainly can be identified by law enforcement agents. For lesser but still troubling behaviors, in terms of self-help, documenting the acts via screen captures and printouts at least creates a record that can be used in the future. One negative post or comment might not seem like much independently, but when harassing acts are repeated they become more serious and documentation can help illustrate patterns of bad behavior. Additionally, while civil defamation or harassment suits are expensive and complicated to pursue, sometimes there are other options. For example, if the culprit is another attorney, state bar associations may offer avenues to file complaints and seek productive intervention.

At IP Democracy Cynthia Brumfield wrote:

… In an ideal world, Kathy would carry on just as before, albeit in a slightly paranoid state. Because the only way to get bullies to back down is to stand up to them, not cower to them.

It’s easy for me to say this given that I’m not the person being targeted. And I know, believe me, that it’s never, ever safe to dismiss threats against women. I spent six years as a volunteer at a shelter for battered women in DC called My Sister’s Place, manning the hotlines and helping women find safety. I’ve heard live on the phone and seen first-hand what can happen when threats aren’t taken seriously.

But I also know that creeps like those who are threatening Kathy won’t stop unless nobody pays attention to them. I really sympathize with Kathy and I understand her fear and I don’t fault her one bit for being afraid to leave her yard. But a big giant”f:- you”to these petty people would probably shut them up faster and make them feel even smaller than they already feel. …

She illustrates in three paragraphs the difficulties inherent in responding to online abuse: In the first paragraph she asserts that it is important to stand up to bullies. In the third she states that creeps won’t stop the bullying unless you ignore them. Here’s the problem: You can’t stand up to bullies and ignore them at the same time. Challenging them and exposing their actions to light and air also gives them the attention they crave. Ignoring them lets them get away with bad behavior, embolding them for future negative acts. There is no correct approach. And as she notes in the middle paragraph, horrible things happen when threats are not taken seriously.

–Ann Bartow

Update: Dr. Violet Socks gives her usual trenchant input by writing:

Every time I read somebody saying that patriarchy doesn’t exist anymore, feminism’s won, etc., etc., I think, try being a feminist blogger for a while. Or if you already are a feminist blogger, wait a bit until the shit finds you. Or try doing online research on anything connected to feminism and find yourself shoulder-deep in a slime pit of woman-hating so toxic it makes you want to weep with fear and despair.

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This Campaign Button For Hillary Clinton: Funny, Or Not?

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Did You Know That The Late And Much Missed Ann Richards Once Had To Submit To An Airport Crotch Inspection?

Watch her discuss it here. She describes it very humorously, but having been pinched and prodded and grouped at airports a fair amount myself, it didn’t make me laugh much. Once when I was flying to Atlanta and back just for the day, to give a talk at Georgia State, I was required to remove my top and walk through the metal detector in only a bra. Sadly, no one stuffed it full of dollar bills as I made my way through the security checkpoint, so I had to charge my lunch to the taxpayers of South Carolina.

Ann Richards clip via Diane E. Dees at the Mojo blog.

–Ann Bartow

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More About Blogging and Misogyny

This time it’s threats, including death threats, against a female blogger, as reported by the BBC News:

Prominent blogger Kathy Sierra has called on the blogosphere to combat the culture of abuse online.

It follows a series of death threats which have forced her to cancel a public appearance and suspend her blog.

Ms Sierra described on her blog how she had been subject to a campaign of threats, including a post that featured a picture of her next to a noose.

The police are investigating while the blogosphere has launched its own enquiry.

One of the issues raised is the question of how women bloggers are treated online.

Ms Sierra, author of popular blog Creating Passionate Users, began receiving death threats four weeks ago.

Since going public on the issue, she has been overwhelmed by the support she has received.

“I agonised about making this post but I hoped it would start a dialogue,” she told the BBC News website. …

She said she was questioning whether she would ever post again, saying she did not want to be a part of a blogosphere where such threats could be made.

Apologising to those expecting to hear her speak at the ETech conference, she called on them to enter the debate.

“If you want to do something about it, do not tolerate the kind of abuse that includes threats or even suggestions of violence (especially sexual violence). Do not put these people on a pedestal. Do not let them get away with calling this “social commentary”, “protected speech”, or simply “criticism”,” she said on her blog.

Kathy Sierra’s own account is here.

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It’s All in the Headline

Poor Behavior Is Linked to Time in Day Care – oh, scary day care!

Higher Vocabulary Is Linked to High-Quality Day Care – hmmm, that sounds good.

Of course, in the ever-present battle against working women, the New York Times chose the former for its headline yesterday and went with a story that focused on the negatives of day care. The story contained just one throw away line about the positive link to vocabulary.

It would have been simple to have done the opposite – the second headline above with a story about the positive effect day care has on vocabulary, with just a throw away line about the behavior effect (which, after all, was, as the article points out, merely “slight” and “well within the normal range for healthy children”).

But that wouldn’t have fueled the fire against working women or placed the article in the second spot on the list of most popular articles, so why would the Times do that?

– David S. Cohen

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Susan Franck, “Empirically Evaluating Claims About Investment Treaty Arbitration”

Here is the abstract:

With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such enquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a “litigation explosion,” commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first analysis that explains its methodology and results, this article is a modest attempt to evaluate claims about investment treaty arbitration. The article explores: (1) who and what is arbitrated, (2) increases in awards, (3) win/loss rates, (4) amounts claimed and awarded, (5) arbitration costs, (6) use of other dispute resolution processes, and (7) nationality and gender of arbitrators. Subjecting these areas to empirical scrutiny provides information that sets the stage for future research to provide insights to government officials responsible for negotiating investment treaties and parties planning their dispute resolution strategies. Ultimately, it offers factual information – grounded in a valid and reliable process – stakeholders can use when evaluating the legitimacy of a dispute resolution process with profound public implications.

The feminist issues discussed include the gender imbalance among international arbitrators. The piece includes a graph that illustrates the number of tribunals that included a woman versus the number of all-male tribunals, and notes that only 3% of the arbitrators in the population studied were women. Download it here.

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“Anonymous Women”

Audrey Mantey has a powerful post at Insurgent American, an excerpt of which follows:

The last time I attended CPR training, I walked out partway through the session and didn’t return.

We were told ahead of time that we’d be training on Resusci Anne, the type of CPR dummy that is wiped down with alcohol between uses, and whose chest, the instructor said, makes a loud popping noise to signify a breaking rib if we use too much pressure in our compressions. As one person practiced, the rest of the class stood in a circle, watching. I watched as the first man enthusiastically practiced his compressions, oblivious to the pop pop pop of the ribs he was breaking with each thrust of his hands on her chest.

I realized I wouldn’t be completing the training when the instructor asked one of the participants to lie down on the floor face down, arms stretched above their head, while everyone else stood in a circle around them. Another student practiced rolling them over, one hand cradling the neck, the other pulling them over as dead weight. Two men practiced on each other, and the requisite homophobic jokes were made. At some point the tension was broken with a joke about date rape. The woman next to me was staring at the floor. Her legs were crossed, the foot that was in the air was shaking uncontrollably.

I knew that I wasn’t going to be lying on the floor while my colleagues stood in a circle looking at my ass, and I wasn’t going to pretend to be unconscious as a coworker manhandled me into the proper face-up position and then bent over me, my stomach (or worse) exposed as my too-short baggy sweater crept upwards toward my extended arms, while my fellow staff members gathered above me making jokes about rape.

I was the third person to leave; by the end of the morning, a quarter of the class had walked out. The woman next to me left shortly before I did – the last time I looked over at her, she was covered in hives.

A few weeks ago I saw the Dolce and Gabbana ad that’s been banned in Spain – the one where a scantily clad woman is on her back, wrists restrained by a man bending over her, while 4 other men stand above her, watching. The firm that produced the ad pretended not to understand the controversy it generated. They asked:”What does an artistic photo have to do with real acts?”It’s not an actual gang rape in their ad; it’s a still photo. (And Magritte’s painting of a pipe is not a pipe.) Nevertheless, the image evokes the reality.

I could answer their question by quoting studies that show the connections between eroticized rape in porn and men’s attitudes toward rape after that exposure. But I don’t need studies to understand the connections between culture and reality, or what we view as normal. I could see it first-hand when, even within the context of a CPR course, a person lying on the ground was immediately evocative not of an accident victim, but of a potential victim of sexual assault. …

Read the entire post here.

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“Get Happy In The Skin You’re In”

So says Joy Nash in “A Fat Rant.”

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The South Carolina Senate Is Losing Its Only Female Lawmaker

Last year the only women holding a state-wide office stepped down. Next year the S.C. Senate may be all male as well. According to this article, this hasn’t happened since 1979. According to the same article:

Nationally, women make up more than 23 percent of all state lawmakers, according to a study by the National Conference of State Legislatures. In South Carolina, however, only 8.8 percent of the 170 state lawmakers are women: [retiring member Linda] Short in the Senate, and 14 women in the House.

The next lowest percentage is Kentucky at 12.3.

Vermont has the highest rate of female representation: 37.2 percent of the state’s 180 lawmakers are women.

Why is my state moving backwards? My law school graduates a lot of smart, hardworking female students who would make terrific legislators. I wish more would run for office.

–Ann Bartow

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No Gay Marriage = No Gay Adoption?

Today’s AP carries a story under the headline “Lesbian Argues Ga. Gays Can’t Adopt Kids.”    A Georgia woman, now split from her female partner, seeks to void the partner’s adoption of  her minor child.   Reporter Greg Bluestein details:

[Sara] Wheeler, 36, and her partner, Missy, decided to start a family together and share the Wheeler last name. In 2000, Sara Wheeler gave birth to a son, Gavin, through artificial insemination. Two years later, they decided Missy Wheeler should adopt the child and legally become his second parent.

Georgia law doesn’t specifically say whether gay parents can adopt a child, so the decision was up to a judge in the Atlanta area’s DeKalb County. After an adoption investigator determined that both partners wanted it, the judge cleared the request.

The couple’s relationship later soured….Sara and Missy Wheeler had split by July 2004, and Missy was fighting for joint custody of the boy….Sara Wheeler made the legal argument that, since nothing in Georgia law specifically allowed gay adoption, the adoption should be tossed out.

Her first lawyers warned her the case could set gay rights back a century.

She hired a new attorney and asked the DeKalb County court to toss the adoption that she had previously pushed for, claiming it should never have been approved because it runs afoul of state law….[T]he Georgia Supreme Court, in a 4-3 vote in February, declined to hear the case. Only months earlier the court had upheld the state’s constitutional ban on gay marriage, which Georgia voters overwhelmingly approved in 2004.

The full article is available here.   Lambda’s assessment of the legal climate in Georgia is available here.

-Bridget Crawford

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Viewers Deeply Offended By Women With Bad Manners?

View the commercial here.
According to Adrants:

Ignoring the “don’t talk with your mouth full” childhood rule, KFC is running a commercial to promote its Zinger Chicken Salads in the UK showing call center workers singing with their mouths full. Although meant as humor, the ad has garnered 1,040 complaints from people claiming the ad would cause – hold your breath – bad manners. It’s the second highest number of complaints ever received for an ad.

See also. It’s an annoying ad, but I just don’t see the same reaction occurring if the commercial depicted men mumbling with their mouths full.

–Ann Bartow

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An Abortion, or $500?

Via Reuters/CNN.com:

A Texas legislator has proposed that pregnant women considering abortion be offered $500 not to end their pregnancies.   Republican State Sen. Dan Patrick, who also is a conservative radio talk show host, said Friday the money might persuade the women to go ahead and have babies, then give them up for adoption….

Read more at the Reproductive Rights Prof Blog.

-Caitlin Borgmann

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Coke v. Long Island Care at Home

The NYT has a decent story about this case that will soon be heard by the Supreme Court, in which Evelyn Coke is challenging provisions in the Fair Labor Standards Act that exempt home health care aides from federal minimum wage and overtime regulations. The NYT story reports:

The Supreme Court agreed to hear her case after the United States Court of Appeals for the Second Circuit overturned Labor Department regulations that exempted home care aides from federal minimum-wage and overtime coverage, saying the exemption conflicted with Congress’s intent.

Before 1974, home care aides were generally covered by minimum-wage and overtime laws if they were employed by agencies. (Aides hired directly by families were not covered and will remain exempt from overtime regardless of the outcome of Ms. Coke’s case.)

In amending the Fair Labor Standards Act in 1974, Congress extended minimum-wage and overtime coverage to household workers like maids and cooks but said that baby sitters and”companions”for the elderly and infirm would be exempt.

When the Labor Department first proposed regulations to enforce the changes in the law, it said that home care workers employed by agencies should continue to get overtime. But the department reversed itself in 1975, saying Congress had not intended to allow those workers overtime when it created the exemptions the year before.

But the Court of Appeals, sitting in Manhattan, wrote,”It is implausible, to say the least, that Congress, in wishing to expand F.L.S.A. coverage, would have wanted the Department of Labor to eliminate coverage for employees of third-party employers who had previously been covered.”

The Bush Department of Labor opposes Coke, as evidenced by this amicus brief. No surprise there.

–Ann Bartow

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“Germany Cites Koran in Rejecting Divorce”

From the NYT:

A German judge has stirred a storm of protest here by citing the Koran in turning down a German Muslim woman’s request for a fast-track divorce on the ground that her husband beat her.

In a remarkable ruling that underlines the tension between Muslim customs and European laws, the judge, Christa Datz-Winter, said that the couple came from a Moroccan cultural milieu, in which she said it was common for husbands to beat their wives. The Koran, she wrote, sanctions such physical abuse.

News of the ruling brought swift and sharp condemnation from politicians, legal experts, and Muslim leaders in Germany, many of whom said they were confounded that a German judge would put 7th-century Islamic religious teaching ahead of modern German law in deciding a case involving domestic violence.

The woman’s lawyer, Barbara Becker-Rojczyk, said she decided to publicize the ruling, which was issued in January, after the court refused her request for a new judge. On Wednesday, the court in Frankfurt abruptly removed Judge Datz-Winter from the case, saying it could not justify her reasoning.

“It was terrible for my client,”Ms. Becker-Rojczyk said of the ruling.”This man beat her seriously from the beginning of their marriage. After they separated, he called her and threatened to kill her.”

While legal experts said the ruling was a judicial misstep rather than evidence of a broader trend, it comes at a time of rising tension in Germany and elsewhere in Europe, as authorities in many fields struggle to reconcile Western values with their countries’ burgeoning Muslim minorities. …

The entire story is here.

–Stephanie Farrior

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Violence Against Women is a Horrible Reality, Not a Glossy Photo

Last night’s “America’s Next Top Model” glamorized violence against women.   The model wanna-bes worked a fashion shoot where they were instructed to be “crime victims.”   Models were made up and positioned as crime victims in various crime scenes, including looking overdosed, shot in the head complete with a splat of blood on the wall, decapitated, and drowned.    

Here are some statistics from the National Organization for Women that the producers of Ms. Banks’ show might want to know:

Every day four women die in this country as a result of domestic violence, the euphemism for murders and assaults by husbands and boyfriends. That’s approximately 1,400 women a year, according to the FBI.

The number of women who have been murdered by their intimate partners is greater than the number of soldiers killed in the Vietnam War.

To email the producers of Banks’ show, click here.   Email messages to the CW Network, the one that airs Banks’ show,  at feedback@CWTV.com.  

– Via Vanessa Merton  

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“In short, saying that Brizendine’s claims about sex differences in language are not exactly scientific gives “not exactly” a bad name.”

From Three Quarks Daily:

… by a unanimous vote, this year’s Becky [awarded to the promulgater of the single most ridiculous or misleading bit of linguistic nonsense that somebody manages to put over in the media] goes to the psychiatrist Louann Brizendine, whose bestselling book The Female Brain argues that most of the cognitive and social differences between the sexes are due to differences in brain structure. It’s a controversial thesis. The New York Times‘s David Brooks and others have hailed the book as a challenge to feminist dogma, and Brizendine herself has charged that her critics are angry because her conclusions aren’t politically correct. Actually, though, you can leave out the “politically” part. The reviewers for the British science journal Nature described the book as “riddled with scientific errors.” And in newspaper commentaries and posts on the LanguageLog blog, the University of Pennsylvania linguist Mark Liberman has been meticulously debunking Brizendine’s claims about men’s and women’s language.

For example, Brizendine asserts that differences between men’s and women’s brains make women more talkative than men, and goes on to say that women on average use 20,000 words a day while men use only 7000. That factoid conforms so neatly with gender stereotypes about chatty women and taciturn men that a lot of people were indignant that anybody would spend money to discover anything so obvious. One reporter at a San Francisco TV station began his story on Brizendine by saying   “Here’s a news flash. Women talk more than men. Duh.”

Except that, duh!, it isn’t true. It turns out that the figures Brizendine reported had been taken from a book by a self-help guru who had simply pulled them out of the air. And the studies that have been done generally show either that men talk slightly more than women or that the two sexes talk about the same amount.

Or take Brizendine’s claim that women on average speak twice as fast as men do. That’s another cherished bit of gender lore, but no research shows anything of the sort — the best evidence indicates that men on average speak a bit faster than women do. Nor is there any scientific basis for her claims that men think about sex every 53 seconds while women think about sex only once a day, or that women are more emotionally attentive because their more sensitive hearing enables them to hear subtle tones and nuances in speech that escape men.

In short, saying that Brizendine’s claims about sex differences in language are not exactly scientific gives “not exactly” a bad name. Yet the media generally covered the book uncritically, without running the claims past linguists or neuroscientists, or apparently, past their own science writers, either. In fact the book got much more media attention than any of the serious recent research on the biology of sex differences. That work suggests a more complex picture of the relation between nature and nurture. But in the lifestyle sections where these language items inevitably end up, the preference is for simple stories laced with plausible-sounding nuggets that confirm what we think we already know — that English is the biggest language, that teenagers are inarticulate. Or in this case, that women are congenital chatterboxes.

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“Letter to the Editor” re: Upcoming Pornography Conference

(NB: information about the referenced conference is here)

Letter to the Editor Regarding Feminist Anti-Porn Conference

We read the agenda and overview for the”Pornography and Pop Culture: Reframing Theory, Re-Thinking Activism”Conference, which is scheduled from March 23-25, 2007 at Wheelock College in Boston. We are deeply concerned by the rigid ways in which the complex issues of feminism and pornography are portrayed. In the broader society as well as within academic and feminist frameworks, there is a lot of disagreement about the extent to which pornography reflects and promotes sexism and violence.

Though this conference is about pornography, none of the presenters on the agenda are performers in the pornography industry. Various important voices are excluded from the list of presenters, such as sex workers, feminists and scholars with opposing views about pornography, and advocates for the legitimization of consensual sex work.

Furthermore, the genre called”feminist pornography”is not included on the agenda. This genre of pornography is inspired by feminist principles, such as gender equality, bodily freedom, and mutual sexual pleasure. Women play a major role in producing this genre of pornography, so this genre is not produced just by men for a predominately male target audience.

We realize that various types of activism occurs on college campuses and encourage this, but there is a difference between a group using a college simply as a venue for activism and a college actually presenting a conference on a controversial issue, such as pornography, in a very biased manner. Because the website to this feminist anti-pornography conference has a Wheelock College domain name (http://www.wheelock.edu/ppc/index.asp) and no organization(s) is listed as the official presenter(s) of the conference, it seems like the College is presenting this conference rather than only serving as a venue for the conference. Since Wheelock College is a College rather than an anti-sex work organization, we contend that conferences such as this one must be more balanced in the name of academic integrity.
Though the organizers and presenters of this conference have the right to their perceptions, it is important to understand that their attitudes toward pornography do not reflect the views of all sex workers, feminists, and scholars.

In Solidarity,

Jill Brenneman, Sex Workers Outreach Project-East, Coordinator

Danielle L. Brodnick, M.A. Gender and Cultural Studies

Aster of San Francisco

Gennifer Hirano, Sex Workers Outreach Project-Los Angeles

Stacey Swimme, Desiree Alliance, Sex Workers Outreach Project-Arizona

Susan Lopez, MSC, Assistant Director-Desiree Alliance; Founder-Sin City Alternative Professionals Association

Kitten Infinite, Sex Workers Outreach Project-Chicago

Averen Ipsen, Ph.D., Lecturer in Interdisciplinary Studies, UC-Berkeley

Melissa Gira, St. James Infirmary

Holly Pottle, M.A. Sociology

Jessica Land, Sex Workers Outreach Project-East

Ricci J. Levy, Executive Director, The Woodhull Freedom Foundation

Priscilla Alexander, Director of Research and Evaluation-Frost’D

Beatriz Mercado, Clinical Pharmacist-Chile, South America, SWOP East Latin American Advisor

Katherine DePasquale, SWOP East Board of Directors

Carol Queen, Ph.D., Staff Sexologist-Good Vibrations

Aimee M. Patton, B.A. Sociology, SFSU

Carol Leigh, BAYSWAN/COYOTE

Vanessa A. Forro, LSW, Cleveland, Ohio

Serena Toxicat

Crystal Jackson, Graduate Student-Sociology and Women’s Studies, University of Nevada-Las Vegas; Desiree Alliance

Caitlin Ryerson, Pro Se Lawyer

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“The Horrifying Honaker Nomination”

Guest (re)post by Sharon Breitweiser, executive director of NARAL Pro-Choice Wyoming:

Talk about a blast from the past… President Bush is at it again, this time in my own backyard. I swear, nothing this administration does surprises me anymore, yet somehow I was still shocked when I heard the latest news.

It turns out that earlier this week, with the blessing of anti-choice Sens. Craig Thomas (R-WY) and Mike Enzi (R-WY), President Bush nominated Rock Springs lawyer Richard Honaker for a federal judgeship in Wyoming.

And, boy, do I know Richard Honaker…

In my boxes of files from past legislative sessions, elections, and legal battles, I found example after example of Honaker’s blatant anti-choice bias. Yet he seems to consider his anti-choice record to be mere youthful exuberance. The man who once led an effort to outlaw abortion in Wyoming is now trying to downplay his own radical agenda.”As a state legislator,”he now says,”I took positions on a lot of legislative issues and public policy issues, and one of them was on the abortion issue. That was my role at that time…But my role as a judge would be far different.”In other words: Don’t worry your pretty little head, I’m going to change my anti-choice ways. Riiiight.

So, when an Associated Press reporter called for a quote, I didn’t know where to start! Should I start with the list of anti-choice legislation he championed in the state legislature – such as the”Human Life Protection Act,”a bill he authored that would have outlawed almost all abortion? Maybe I should highlight the major role Americans United for Life played in developing his”Human Life Protection Act?”The group even paid for his trip to Chicago, where they advised him on how to advance this legislation! Or maybe it would be better to focus on his role with the”Unseen Hands of Prayer Circle PAC”– the group that was formed to try to push an abortion ban through the ballot process after it failed in the legislature? Honaker even represented the extreme anti-choice group before the State Supreme Court and succeeded in getting the measure on the 1994 statewide ballot – but fortunately, Wyoming voters overwhelmingly rejected the Honaker abortion ban by a 61-39 percent margin.Of all the Americans qualified to sit on the federal bench, this is whom George Bush picks?!?!?Honaker’s nomination now goes to the U.S. Senate’s Judiciary Committee – so we’re watching closely to see what happens next. But it just goes to show: Despite the electoral gains we made last November, President Bush can still nominate whomever he wants to these crucial judgeships – and, if confirmed, they serve lifetime appointments!

Not surprisingly, the leader of Wyoming Right to Life, Steven Ertelt, is giving Bush a gold medal for the Honaker nomination, as evidenced by this statement:”Because of his pro-life views and past efforts to protect human life, it’s obvious that Richard Honaker joins with attorneys on both side of the abortion debate who understand that Roe v. Wade was an example of unadulterated judicial activism and that the role of the courts to is interpret the law — not make it up as you go.”

So, Richard Honaker receives kudos from two extreme anti-choice senators and a radical anti-choice group, and there are countless documents exposing his leadership in efforts to outlaw abortion. Nope – no anti-choice bias here!

Originally posted here at Bush v. Choice.

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“The Private War of Women Soldiers”

Read this article at Salon, by Helen Benedict, and consider how men who rape fellow soldiers are likely to be treating Iraqis. Here is an excerpt:

As thousands of burned-out soldiers prepare to return to Iraq to fill President Bush’s unwelcome call for at least 20,000 more troops, I can’t help wondering what the women among those troops will have to face. And I don’t mean only the hardships of war, the killing of civilians, the bombs and mortars, the heat and sleeplessness and fear.

I mean from their own comrades — the men.

I have talked to more than 20 female veterans of the Iraq war in the past few months, interviewing them for up to 10 hours each for a book I am writing on the topic, and every one of them said the danger of rape by other soldiers is so widely recognized in Iraq that their officers routinely told them not to go to the latrines or showers without another woman for protection.

The female soldiers who were at Camp Arifjan in Kuwait, for example, where U.S. troops go to demobilize, told me they were warned not to go out at night alone.

“They call Camp Arifjan ‘generator city’ because it’s so loud with generators that even if a woman screams she can’t be heard,” said Abbie Pickett, 24, a specialist with the 229th Combat Support Engineering Company who spent 15 months in Iraq from 2004-05. Yet, she points out, this is a base, where soldiers are supposed to be safe.

Spc. Mickiela Montoya, 21, who was in Iraq with the National Guard in 2005, took to carrying a knife with her at all times. “The knife wasn’t for the Iraqis,” she told me. “It was for the guys on my own side.”

Comprehensive statistics on the sexual assault of female soldiers in Iraq have not been collected, but early numbers revealed a problem so bad that former Defense Secretary Donald H. Rumsfeld ordered a task force in 2004 to investigate. As a result, the Defense Department put up a Web site in 2005 designed to clarify that sexual assault is illegal and to help women report it. It also initiated required classes on sexual assault and harassment. The military’s definition of sexual assault includes “rape; nonconsensual sodomy; unwanted inappropriate sexual contact or fondling; or attempts to commit these acts.”

Unfortunately, with a greater number of women serving in Iraq than ever before, these measures are not keeping women safe. …

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Two Women Working in Bar Foil Likely Rape Attempt

From the SF Chron:

It looked for all the world as if the couple on a date — he was darkly handsome and a little older than the pretty, petite blonde with the Russian accent — were having a great time together.

“A really great time,” their waitress, Karri Cormican, recalled thinking. “She was facing him, had one of her legs up on the bench seat.” Good body language.

So it came as a shock when after the woman left the window-side table to visit the restroom, Cormican saw the man shake a white powder into the Hefeweizen beer he had ordered for his date.

“Did I really see that?” Cormican asked herself. “Why would he do that? It seemed like they were having fun.”

This was in a bar in Noe Valley that draws a mostly local crowd — early on most days, the patrons were older folks like the 93-year-old who got upset when the bar manager took a week off. Later, when the restaurants on 24th Street close for the night, a younger bunch of waitstaff and kitchen workers dropped in to watch sports on television or play pinball.

Over the years, the bar has seen a lot of incarnations. When the neighborhood was mostly blue-collar Irish and German, it was Doyle’s, and then it became the Connection. As yuppies moved into what became million-dollar Victorians in the 1990s, it became Noe’s Arc, and now it’s Noe’s Bar.

Not a place for trouble. Not the kind of place where what looked like an attempted date rape would occur. Or where a guy on a first date, like Joseph Szlamnik, at the time a 43- year-old senior management assistant for the San Francisco Unified School District, would commit a crime. Szlamnik was sentenced last week to a year in jail by Superior Court Judge Anne Bouliane on narcotic charges related to the incident.

According to the National Crime Victimization Survey conducted by the Department of Justice, 66 percent of sexual assaults in 2005 were committed by friends, acquaintances or other people intimately known to the victims. No tally is kept specifically of date rapes.

Rape of all kinds has dropped by more than half since 1993, said Lynn Parrish, a spokeswoman for the Rape, Abuse and Incest National Network, which operates a national hot line.

Because of educational efforts, “people are aware that these drugs are used in bars by perpetrators of all ages,” she said. “So these two women who saw it knew what was happening.” On the night in question, Cormican, 23, quickly approached the bartender, Hannah Bridgeman-Oxley, 27, and told her what she had seen. The two women hatched a plan.

Cormican returned to the table and told Szlamnik and his date, whom the court identified only as Tatiana K., then 34, that the woman’s beer had come from a fermented keg and that they were going to replace it. Cormican brought her a Stella Artois.

Cormican carried the adulterated Hefeweizen to Bridgeman-Oxley and out of sight into a back room. They held it up to the light and saw, unmistakably, a white powder. At a preliminary hearing last summer, Nikolas Lemos, chief forensic toxicologist at the San Francisco medical examiner’s office, identified the powder as zalepron, a prescription sleeping drug sold as Sonata.

After seeing the white powder, Bridgeman-Oxley said she “panicked a little bit. We had to figure out a way to keep her away from this man.”

Their chance came when Tatiana went outside to smoke a cigarette. Cormican grabbed the beer with the white powder and followed her. It was a mild night in May 2005 — the wheels of justice in this case, as one courtroom observer said, have ground exceedingly slowly.

Tatiana was stunned — she said it was their first date, and they had met at a salsa dancing class only weeks before. Earlier, he had picked her up in his BMW after her classes at City College. “She’s a trusting young lady,” says David Merin, the assistant district attorney who prosecuted the case.

Cormican had to repeat herself several times before Tatiana absorbed what had happened. And then things got even worse.

The bartender rushed outside to tell the two women that while they had been talking, Szlamnik had dropped two pills into the new beer Tatiana had left behind on the table.

“He did it again,” she said.

All three women looked through a window and saw Szlamnik trying to wipe up beer that had foamed over the edge of Tatiana’s glass and was fizzing as if there were Alka-Seltzer in it.

In fact, as Dr. Lemos would later testify, the pills were alprazolam, commonly sold as Xanax, a central nervous system depressant prescribed to relieve anxiety. “In combination with alcohol,” Lemos testified at the preliminary hearing, the two drugs “are encountered frequently in drug-facilitated sexual assaults … without giving the victim the chance … to even realize what’s going on.”

On the sidewalk, Tatiana was sobbing. Bridgeman-Oxley stalked back into the bar with Tatiana following, swiped the foaming glass off the table and looked the stunned Szlamnik in the eye when he began to protest that she had served him a second bad beer.

He said to Tatiana, “Let’s go.”

“Your date’s over, mister,” the bartender told him. “She’s staying with us.” …

Read the whole story here. Via Sinister Girl. The part of the article where David Merin, the assistant district attorney, is quoted as saying “She’s a trusting young lady,” is a little discordant. Can anyone truly fault her for not anticiapting that a deceptively decent-seeming man would attempt to drug her? Or for not bringing her beer with her into the bathroom? Sheesh.

–Ann Bartow

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Call for Papers: Feminist Pedagogy Conference 2007

The second Feminist Pedagogy Conference seeks participants for a day-long conference entitled “What’s Feminist about Feminist Pedagogy?”  

The conference will be held on October 12, 2007 at the CUNY Graduate Center in New York City. The Feminist Pedagogy Conference is a venue for conversation between scholars and activists across the disciplines around the present state of feminist pedagogy and work on gender, both within and beyond the academy. Building on previous work, this is a forum to share pedagogical methods and ideas for teaching in women and gender studies and/or feminist approaches to learning and classroom strategies in various disciplines. Our aim is to address issues of gender and sexuality, in conjunction with race and class, both inside and outside of the academy.

We invite participants to lead or take part in panels, workshops and round-table discussions devoted to an analysis of materials and locations from which we might not always look for feminist theory and pedagogy, places outside or in the margins of the academy. We seek work that, for example, confronts problems, exclusions, alliances, successes, the challenges of interdisciplinary work, marginalization, competition, inclusions, and generational differences and similarities in feminist pedagogy.

Paper abstracts and round-table proposals should be no longer than 300 words each and can be sent with a one-page resume via email (pasted into the text of the message) to conference organizers Jen Gieseking, Jennifer Gaboury, and Antonia Levy at fpc2007@gmail.com.   We welcome the submission of paper abstracts and round-table proposals from the same individual or group and dual submissions should be entered simultaneously.  

The deadline for submissions is April 30th, 2007. CUNY Feminist Pedagogy Conference Jen Gieseking, Jennifer Gaboury, and Antonia Levy CUNY Graduate Center, New York City fpc2007@gmail.com.

Caitlin Borgmann

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This Is Very Difficult To Read And Absorb

Yahoo News reports: Sudanese women to be stoned for adultery: Amnesty

Two Sudanese women have been sentenced to death by stoning for adultery after a trial in which they had no lawyer and which used Arabic, not their first language, the rights group Amnesty International said.

Sadia Idriss Fadul was sentenced on February 13 and Amouna Abdallah Daldoum on March 6 and their sentences could be carried out at any time, the London-based group said in a statement released late on Monday.

North Sudan implements Islamic sharia law.

“The women had no lawyer during their trial and were not able to defend themselves, as their first languages are those of their ethnic groups,” Amnesty said.

Both women are from non-Arab tribes but the proceedings were in Arabic and no interpreter was provided, Amnesty said. Their trial took place in central Al Gezira state.

“One of the women, Sadia Idriss Fadul, has one of her children with her in prison,” Amnesty said.

Faysal el-Bagir, a Sudanese human rights activist, said sentences of death by stoning were rare, “but we have heard that in this area there have been other such judgments.”

The male accused in Fadul’s case was let off because there was not enough evidence against him. Witnesses are usually required to gain a conviction and forensic tests are not normally used in such cases.

Under Sudan’s penal code, anyone who is married and has sex outside wedlock shall be punished by execution by stoning. If they are unmarried, they are lashed, Amnesty said.

El-Bagir said that in another case in Sudan’s western Darfur region about two years ago, a woman sentenced to death by stoning had her punishment reduced to lashing after a public campaign by rights activists. …

Via Miriam Cherry. Frustratingly, the Amnesty International website does not seem to offer any suggestions on how motivated individuals might effectively express opposition in these cases.

UPDATE: One Salford Feminist suggests:

APPEALS TO:
Mr Ali Mohammed Ali al-Mardi
Minister of Justice
PO Box 302
Khartoum
Fax: +249 183 770883
Salutation: Dear Minister

Staff Lieutenant General Abdel Rahman Sir Al Khatum
Governor of Gezira State
Sudan
Fax: + 249 183 770143
Salutation: Dear Governor

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Deana Pollard, “Sex Torts”

The abstract:

Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists relative to consent to sexual relations. Although American law historically has protected victims of sexual deception, current sex tort jurisprudence offers virtually no protection for fraudulent inducement of sexual relations. The law’s contemporary”caveat emptor”approach to civil sexual battery cases has played a role in shaping American sexual norms and sexual behavior that threaten America’s economic, cultural, psychological, and physical wellbeing.

Civil sexual battery cases should be analyzed consistent with other civil battery cases in order to protect this most private aspect of personal autonomy. Existing fraud and battery jurisprudence bearing on the issues of materiality, justifiable reliance, what constitutes”offensive”contact, and bases for vitiating consent to physical contact, including informed consent doctrine, could be engaged in sexual battery cases. This article argues that current sex tort jurisprudence inadequately protects sexual autonomy, which is contrary to public policy and undermines the law’s consistency and legitimacy. Accordingly, sex tort law must be reformed to advance the state’s interest in public health, including healthy interpersonal relationships.

Downloadable here!

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CFP: Fourth Annual Gloucester Summer Legal Conference

LAW AND JUSTICE IN THE AGE OF GLOBALIZATION

Marking the 200th Anniversary of Britain’s
Abolition of the Slave Trade (1807)

Gloucester, England
July 19-21, 2007

Sponsored by:
Texas Wesleyan University School of Law
University of Gloucestershire
Central Gloucester Initiative

We are pleased to announce the Fourth Annual Gloucester Summer Legal Conference. The first three Conferences have been exceptionally successful, bringing together scholars and interested persons from a dozen countries to the beautiful Oxstalls Campus of the University of Gloucestershire. This year’s Conference is part of a year-long bicentennial celebration of one of the most momentous moments in legal history: the British Parliament’s passage of the Abolition of the Slave Trade Act in 1807.

Much of the credit for abolition has been given to the zealous religious leaders and other reformers who made the moral case against slavery. But the Act was written and passed against the social, political and economic background of the day. This was an era, like our own, of rapidly changing transport, communications, and production. The 1807 Act was the result not merely of a moral crusade, but of a whole complex of cultural and economic factors.

Today we see a similar situation in our own globalizing social and economic systems. People around the world still struggle for justice, fairness, equality, and freedom, and those struggles are similarly bound up with powerful social and economic interests. Law, as the point where moral judgment and practical interests collide, necessarily plays a central role in the process. That role and its implications form the theme of this Conference.

We encourage submissions on a wide range of topics that are relevant to the Conference theme. We hope to present works from a multitude of perspectives:legal, economic, critical, historical, comparative, literary, political, sociological, philosophical, practical, and interdisciplinary. Possible panel/paper subject areas include – but are certainly not limited to – rights of immigrants; rights of cultural, religious, and racial minorities; the war on terror and civil rights and liberties; environmental justice; climate change and the impact on third world countries; sexual slavery; and reparations. The Conference has in the past been known for presenting works by scholars at all ranges of experience, and we especially encourage submissions by junior scholars. Proposals from those who would like to organize panels of multiple papers are welcome.

Deadline for Submissions: April 30, 2007
Notification of Accepted Papers: May 11, 2007

More information here.

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“Fake, Out”

Read this post. Arggh! Infuriating! Avoiding American Girl Dolls is apparently now something I’ll have in common with the religious right. See also. Oh well.

–Ann Bartow

Via a blogger who I’m guessing does not collect dolls, or at a minimum does their hair himself.

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Rebecca Tushnet, “My Fair Ladies: Sex, Gender, and Fair Use in Copyright”

The abstract:

Both parodies and legal opinions reflect the culture from which they come, and our culture has many anxieties about sexuality and about women’s bodies. This article explores the ways in which these anxieties play out in fair use cases. By favoring sexualization over other types of critique, fair use doctrine systematically treats sex as especially oppositional and liberating, when in fact it has no monopoly on critique and no necessarily disruptive effect on a copyright owner’s message. Still, adding overt sexuality to a work could challenge our ideas about the original, as well as proper sex and gender roles. Thus, this article does not argue against sexuality or transformativeness, but rather against facile acceptance of an equation between the two, and particularly against the idea that other kinds of transformation deserve less fair use protection and are more likely to fall within a copyright owner’s legitimate market. Gender and sexuality play varied roles in signaling criticism, defining markets, and establishing a work’s place in cultural hierarchies. Fair use doctrine should pay attention to these things, not sexuality itself.

It’s a fascinating article, and it can be downloaded here.

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So How Much Does “True.com” Pay the NYT In Advertising Fees?

Given that the headline for the NYT article about this dating service labels True.com “Hot But Virtuous” I’m guessing it is a sizeable amount.

The article itself rather repulsively starts out thusly: “The women who appear in Web ads for the dating site True.com almost certainly do not need to look online for a date.” Because they are beautiful, and only ugly people “need to look online for a date”? The “virtuous” part of this company is supposedly reflected in the following:

True’s rise has been controversial. The company has riled competitors like Match.com and Yahoo Personals, which say that True’s lowbrow advertisements clash with its high-minded lobbying and legal efforts. True, which conducts criminal background checks on its subscribers, is the primary force behind a two-year-old campaign to get state legislatures to require that social Web sites prominently disclose whether or not they perform such checks.

True also says it is preparing to sue an ex-convict from Florida in Texas state court for violating its terms of service by joining the site. …

… True joined the crowded online dating scene in 2004. To distinguish itself from the pack, it offered a range of personality and sexuality surveys. It also hired the data broker ChoicePoint to perform background checks on customers to ensure that they had no criminal record and were not married.

The company then tried to have laws passed in several states that would require other sites to conduct background checks or disclose that they do not.

Companies like Yahoo, Google and IAC/InterActiveCorp, which owns Match.com, lobbied against the proposal through NetCoalition, an industry trade group. Markham Erickson, the group’s executive director, said background checks were ineffective, partly because felons can easily circumvent them by providing false information.”Their initial sound bite sounds great, but once you get past that, you realize it’s totally unworkable,”he said.

True has had little political success so far, but is backing bills that legislators are considering in Florida, Texas and Michigan.

However, True’s commitment to “virtue” apparently does not preclude it from manipulating users with “artificial winks”:

…The site has also been criticized for generating random”winks”: the industry term for messages of interest from other members. Dan Consiglio, a 49-year-old engineer from Vancouver, Wash., said he received dozens of winks from women after signing up for True, and responded to many of them. He got only one response, from a woman who kindly informed him that she had not, in fact, winked at him.

Mr. Vest acknowledged that the service sends artificial winks, but he said users have the option to disable them and that they serve an important purpose.”We try getting people who otherwise might be very retiring or shy to meet each other and fall in love and have children,”he said.”We are just trying to do our job as a matchmaker.”

Rather than “hot and virtuous” I’m thinking “dumb and sleazy” but this kind of cynicism is probably why I’ll never get a job writing headlines for the NYT. The question posed in the title to this post is a serious one, though. I’m pretty sure I’ve seen True.com advertisements on the NYT.com site and I’d expect the author, “Brad Stone,” to disclose this commercial relationship in the article, but it is not mentioned, which is odd and ethically questionable.

–Ann Bartow

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Derrida Papers Controvery Update: The U of Florida “Knew Nothing” About Sexual Harassment Sanctions

The Gainesville Sun reported:

A vampire expert at the University of Florida stands at the center of a bizarre tale about which UF officials say they only recently learned.

Dragan Kujundzic, who was ousted as chair of UF’s department of Germanic and Slavic studies just nine months after being hired, was sanctioned by the University of California, Irvine, in 2004 amid allegations that he sexually harassed a graduate student, according to court documents.

A UCI investigator found that the relationship between Kujundzic, then 43, and the student, then 25, was consensual. But Kujundzic was still banned from campus for two quarters without pay because he violated a university policy that bars professors from dating students they supervise, according to court documents.

Kujundzic, who remains a tenured professor at UF, was sued for sexual harassment by the student in 2004, and settled the case in January for an undisclosed sum. The University of California was also named as a defendant in the suit.

Michael Gorham, who chaired the UF search committee that recommended Kujundzic, said the committee knew nothing of the allegations. In conversations with Kujundzic’s references – along with other colleagues that he hadn’t listed as references – the committee failed to learn of a series of sanctions UCI had levied against Kujundzic, Gorham said. The sanctions included a demotion and mandated sexual harassment counseling, according to court documents.

“This information was nowhere near the radar screen of the search committee,” Gorham said.

Kyle Cavanaugh, UF’s vice president of human resources, said the university is working to develop a more “systematic” method of checking into the backgrounds of applicants.

“There’s always a question of the level of due diligence that you did,” Cavanaugh said. “We, as well as other employers, are always trying to do a better job.” “But at the end of the day, you have to go ahead and make an offer, and you’ve tried to cover your bases,” he added. …

Red the entire article here.

To recap, Derrida tried use his papers as leverage to force UC Irvine to drop its investigation of Kujundzic. When this failed, Kujundzic secured another job with the help of strong references who never disclosed the sexual harassment issue at U.C. Irvine. The above linked article noted:

Kujundzic, whom one UF colleague described as an accomplished scholar, was hired at UF in August 2005 with the stated purpose of putting the department of German and Slavic studies on the map. At a salary of $95,000 – he now makes $98,110 – Kujundzic was granted tenure upon hire – a process that requires approval of UF’s board of trustees.

Kujundzic was promised he’d be permitted to bring on three new faculty members if state resources permitted, and his wife, Brigitte Weltman-Aron, was offered a position teaching French in the department of Romance languages and literatures.

Kujundzic came to UF with references from well-respected scholars, including J. Hillis Miller, a UCI distinguished research professor and the son of a former UF president of the same name. Kamuf, a friend to Derrida, also served as a reference.

Not exactly a stirring endorsement of the mores of “liberal” academia, at least not if you think sexual harassment within the context of asymmetical power relationships is a problem.

–Ann Bartow

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The Lolas of LILA Pilipina

From M. Evelina Galang’s blog, “Laban! Fight For Comfort Women:

Lola is the Tagalog word for grandmother. And on Matimtiman Street in Quezon City, Philippines, Lolas’ House is a community center for a special kind of grandmother. The women of Lolas’ House are survivors of WWII. In South East Asia, 200, 000 young women were taken hostage by Japanese soldiers to serve as military sex slaves. The Japanese called them Comfort Women.

Via Womens’ Space/The Margins

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NYT: “The Women’s War”

Sara Corbett reports in this Sunday’s New York Times Magazine on the “double whammy” many women serving in Iraq experience: sexual assault and the violence of war:

No matter how you look at it, Iraq is a chaotic war in which an unprecedented number of women have been exposed to high levels of stress. So far, more than 160,000 female soldiers have been deployed to Iraq and Afghanistan, as compared with the 7,500 who served in Vietnam and the 41,000 who were dispatched to the gulf war in the early ’90s. Today one of every 10 U.S. soldiers in Iraq is female….

There have been few large-scale studies done on the particular psychiatric effects of combat on female soldiers in the United States, mostly because the sample size has heretofore been small. More than one-quarter of female veterans of Vietnam developed PTSD at some point in their lives, according to the National Vietnam Veterans Readjustment Survey conducted in the mid-’80s, which included 432 women, most of whom were nurses. (The PTSD rate for women was 4 percent below that of the men.) Two years after deployment to the gulf war, where combat exposure was relatively low, Army data showed that 16 percent of a sample of female soldiers studied met diagnostic criteria for PTSD, as opposed to 8 percent of their male counterparts. The data reflect a larger finding, supported by other research, that women are more likely to be given diagnoses of PTSD, in some cases at twice the rate of men.

Experts are hard pressed to account for the disparity. Is it that women have stronger reactions to trauma? Do they do a better job of describing their symptoms and are therefore given diagnoses more often? Or do men and women tend to experience different types of trauma? Friedman points out that some traumatic experiences have been shown to be more psychologically ”toxic” than others. Rape, in particular, is thought to be the most likely to lead to PTSD in women (and in men, in the rarer times it occurs). Participation in combat, though, he says, is not far behind.

Much of what we know about trauma comes primarily from research on two distinct populations – civilian women who have been raped and male combat veterans. But taking into account the large number of women serving in dangerous conditions in Iraq and reports suggesting that women in the military bear a higher risk than civilian women of having been sexually assaulted either before or during their service, it’s conceivable that this war may well generate an unfortunate new group to study – women who have experienced sexual assault and combat, many of them before they turn 25.

A 2003 report financed by the Department of Defense revealed that nearly one-third of a nationwide sample of female veterans seeking health care through the V.A. said they experienced rape or attempted rape during their service. Of that group, 37 percent said they were raped multiple times, and 14 percent reported they were gang-raped. Perhaps even more tellingly, a small study financed by the V.A. following the gulf war suggests that rates of both sexual harassment and assault rise during wartime. The researchers who carried out this study also looked at the prevalence of PTSD symptoms – including flashbacks, nightmares, emotional numbing and round-the-clock anxiety – and found that women who endured sexual assault were more likely to develop PTSD than those who were exposed to combat.

Read more  in  “The Women’s War.”

Caitlin Borgmann

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What Makes a Third-Wave Feminist Superstar?

  Tomorrow’s New York Times Style section  has this profile of  Rebecca Walker, daughter of novelist Alice Walker.   In “Evolution of  a Feminist Daughter,”  Stephanie Rosenbloom describes Rebecca Walker’s transformation from third-wave feminist talking head and bisexual, radical adventurer to what Walker herself calls “the new Rebecca,”  the mother of a small child who finds fulfillment in her male partner and in motherhood.   Walker describes motherhood is”the first club I’ve unequivocally belonged to,”and extolls its virtues to young women.  

“I keep telling these women in college, ‘You need to plan having a baby like you plan your career if it’s something that you want,’ “she said.”Because we haven’t been told that, this generation. And they’re shocked when I say that. I’m supposed to be like this feminist telling them, ‘Go achieve, go achieve.’ And I’m sitting there saying, ‘For me, having a baby has been the most transformational experience of my life.’ “

 The same article quotes third-wave writer Jennifer Baumgardner describing Rebecca Walker as “extremely significant for younger feminists”and “a superstar.”   What makes Walker a superstar is not entirely clear, however.   Perhaps it is Walker’s ability to attact this kind of media attention for what  is “a solipsistic open diary of gestation,” according to this book review by  Alexandra Jacobs.   In that review, Jacobs describes Walker’s book as a “paean to pampering.”   Walker shops to soothe herself while pregnant and is attended at her birth by a Tibetan doctor, an osteopath, doula, pedicurist and masseuse.  

Walker no doubt will attract some ire for her claim of the primacy of biological ties between mother and child:  

“I mean, it’s an awful thing to say,”said Ms. Walker, who in a previous relationship helped rear a female partner’s biological son, now 14.”The good thing is he has a biological mom who would die for him.”

Ms. Walker acknowledged that her idea of blood being thicker than water runs contrary to her own philosophy in”Black, White and Jewish,”in which she writes that”all blood is basically the same.”

In a 2001 Curve magazine article she said,”the bonds you create are just as important and just as powerful as the bonds that you are born into.”

When asked about this incongruity, she explained:”To grapple with how my parents raised me I had to come up with a philosophy that could sustain me. Having my own child gave me the opportunity to have a completely different experience. So hence a different view.”

That she is altering a belief or two is something that Ms. Baumgardner said is part of Ms. Walker’s contribution to the Third Wave sensibility, not a betrayal of it.

“She reserves the right to evolve, and that’s a good model for us,”Ms. Baumgardner said.

Certainly everyone has the right to change her or his mind.   That’s what maturation is all about.   Self-evolution comes from an openness to new ideas and experiences.   But let’s not  claim it is a characteristic of third-wave feminism.   If anything, that runs the risk of reinforcing the old saw that “it is a woman’s perogative to change her mind.”  

Hat tip to Serena Mayeri.  

-Bridget Crawford

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Happy St. Pat’s!

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I ran a 5k this morning with about 1,300 other people, and I did it in about 30 minutes, which isn’t too bad for an aging law prof, is it? I passed more than a few college students along the way, but I tried not to visibly gloat about this, attempting to exhibit good sportswomenship and all. One runner ahead of me had a shirt that said on the back side: “I may be slow but I’m ahead of you!” If I could have caught him, I might have smirked a little. Off to enjoy Irish music and green libations, have a great day! Special warm wishes to my friend Llew!

–Ann Bartow

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8th Cir. Rules That Title VII Does Not Require Insurance Coverage for Contraceptives

Full opinion in Standridge v. Union Pacific RR here. Read more at the Reproductive Rights Prof Blog.

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AALS Workshop on Reproductive Medicine and Law, June 20-22, 2007, Vancouver BC

From the official announcement:

The Association of American Law Schools and the American Society for Reproductive Medicine are jointly sponsoring a workshop on Reproductive Medicine and the Law.

After more than two decades, assisted reproductive technologies coupled with increasingly sophisticated prenatal diagnostic techniques still raise a host of vexing questions for families, scholars, and legal and medical practitioners. Who gets access to these technologies, and why? Money is important as well as all sorts of judgments about who is “fit” to parent, whether on the basis of age, race, marital status or sexual orientation. Scholars from a variety of cross cultural, feminist, religious, and race perspectives have explored the social implications of the increasing array of choices.

What makes this workshop unique is that it brings together a distinguished faculty of leading medical practitioners and legal scholars who have explored these issues over the years. Each session will include both law professors and physicians who will engage with each other and with the participants in a dialogue that promises to be both provocative and to provide new perspectives on these issues.

In addition, this workshop is being held contemporaneously with the Family Law Workshop. A highlight will be a plenary session for both meetings that focuses on different perspectives on family formation with presentations on the issues that physicians encounter, a family law perspective, gay and lesbian issues, and religious perspectives, focusing on Islam. Attendees of the workshops will be free to participate in each others sessions.

View the full program and register online today. Click here for more information.

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