In Which Steve Horner, Opposer of “Ladies Nights” at Bars, Compares Himself To Rosa Parks

From The Daily Show, so not entirely work-safe.

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Gender & Law Conference: The Power of Women’s Stories: Examining Women’s Role in Law and the Legal System

From the Conference organizers:

genderconf.jpg

The Power of Women’s Stories: Examining Women’s Role in Law and the Legal System

Friday, April 20, 2007 at Santa Clara University: 8:30 a.m. to 6 p.m. Bannan 142

Women continue to feel the impact of changing legal developments in areas as disparate as violence against women, sexual harassment, discrimination at work, mothering and reproduction, families, women and the legal profession, education, health, and taxes. Join this summit of top scholars from across the nation to explore these issues, the power of women’s stories, and what these stories teach about law and social change. The day-long conference will feature a keynote address by Professor Elizabeth M. Schneider, Rose L. Hoffer Professor of Law at Brooklyn Law School, followed by a series of panels and a closing roundtable.

This conference qualifies for 7 hours of MCLE credit. Co-sponsored by the SCU Women’s and Gender Studies Program, the Public Interest and Social Justice Coalition, Women and Law, the Women of Color Network, the Campus Violence Prevention Project, and the Dean’s Office, SCU College of Arts & Sciences. Registration: All attendees must register for the conference, as space is limited. Admission is free to Santa Clara University Community members and Non-SCU Law Students and $100.00 for other attendees. The $100.00 registration fee includes a buffet breakfast, box lunch, snacks, and reception. Santa Clara University Community members and Non-SCU Law Students who wish to reserve a box lunch must enclose $15.00 with their registration. The registration fee covers conference attendance and food. More information here, including the Conference schedule.

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It’s Not April 1st, and This Didn’t Appear In “The Onion”

Play’s Controversial Title Leads To Complaints, Change

A modified marquee in Atlantic Beach has been drawing some attention. “Hoohaa” replaced a word in the title of a play after a driver complained about finding the previous wording offensive. The marquis for Atlantic Theaters advertises a number of plays including, the Masquerade Ball, Band Jam, and now The Hoohaa Monologues. Some said hoohaa is a strange word and that its definition depends on its context, while others said it sounds like a country band.

However, it’s not a band at all. In fact, most people know hoohah by a different name — vagina.

“We got a complaint about this play The Vagina Monologues,” said Bryce Pfanenstiel, of the Atlantic Theater. The Hoohah Monologues is a replacement title for The Vagina Monologues — a well-known play about that part of the female body. “We decided we would just use child slang for it. That’s how we decided on Hoohah Monologues,” Pfanenstiel said. They did this after a driver who saw it complained to the theater, saying she was upset that her niece saw it. “I’m on the phone and asked ‘What did you tell her?’ She’s like, ‘I’m offended I had to answer the question,'” Pfanenstiel said. Some parents said they applaud the title change. The theater said they’re trying not to offend anyone, but the publicity doesn’t hurt. “We hope people understand we’re trying to do the right thing. But as far as doing it for attention, we’re a comedy club, we do all kinds of shenanigans,” Pfanenstiel said. The play is being brought to the theater by a group of law school students and all of the proceeds are going to various charity organizations. The director of the play said she was going ask the theater and comedy club to return the title back to its original name.

Via Cynthia Baines, who observed: “Who knew? Vagina is a bad word. It’s good to know that the citizens of the beaches are now safe from having to tell their children the real names for their own body parts.”

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Sex Selection

Glenn Cohen has a thoughtful and provocative post up at Prawfsblawg entitled “Sperm Sorting, Divergence, and Intimate Discrimination” that deserves reading, and perhaps a few comments if you are so inclined.

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Some Law Students Need Advice

A student who sits immediately in front of them in various classes with assigned seats persists in watching pornography on his large screened laptop during course lectures. What, if anything, should they do about this?   I have suggested leaning over and asking in a loud voice, “Wouldn’t it be more efficient to type with two hands?”

–Ann Bartow

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With Drew Gilpin Faust’s appointment as President of Harvard, half of the eight Ivy League schools will have a woman as president.

Harvard’s announcement here. NYT story here.

Update: Mary Dudziak had this on Friday, with some interesting links.

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New Jersey’s Married Women’s Property Act: “Useless and Demeaning”

The New Jersey Law Revision Committee has recommended the repeal of that state’s Married Women’s Property Act:

When enacted, the married women’s property acts served a purpose.   Under common law rules in the early 19th century, married women, as opposed to married men and unmarried women, had restricted legal and property rights.   The married women’s property acts changed those rules.  

The married women’s property acts now seem to be a demeaning relic.   These statutes serve no current purpose; no one would now suggest that by marrying, a woman loses her rights to own, control and dispose of property.   Whatever the accepted common law principles may have been 150 years ago, they are different today.   The common law has been affected by changes in society and practice.   No court would find that the common law requires the kind of discrimination that was accepted in the 19th century….The repeal of the married women’s property acts will have no substantive effect….The repeal will just remove a part of the New Jersey Statutes that is useless and demeaning.

The Committee’s full report is available here.  

For more on the history of the Married Women’s Property Acts, see Norma Basch‘s book, In the Eyes of the Law: Women, Marriage, and Property in Nineteenth-Century New York (Cornell University Press, 1982).   Basch’s book has a New York focus and is over 20 years old,  but it remains one of the best general overviews  of the subject.

-Bridget Crawford

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Freedom to Procreate

The Washington Defense of Marriage Alliance hopes to get enough votes for a state ballot initiative “that would limit marriage in Washington to couples willing and able to have children.”     A representative of the group said that its aim is “to make a point by parodying a state Supreme Court ruling last year that denied gays the right to marry because, among other reasons, such unions don’t further the purpose of procreation.”   The full Seattle Times article is available here.    

– Posted by Bridget Crawford

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That Tricky First Amendment

From Romenesko:

The article in the Central Connecticut State University Recorder describes rape as a “magical experience” that has been a blessing to “ugly women.” “If it weren’t for rape, how would they ever know the joy of intercourse with a man who isn’t drunk?” the article asks. Editors say it’s satire, but many students are calling for the resignations of the opinion editor who wrote the piece and the paper’s top editor. || The article is posted here.

Alternative link here. Via Michael Froomkin (…is his name, giving blog tips is his game…)

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Airheadism

So yesterday I got on a plane for the short trip (45 minutes or less) from Columbia, SC to Atlanta, and found a man sitting in my assigned aisle seat. When he saw me stop at that row he leapt to his feet and gallantly gestured toward the interior seat. “I think I have the aisle,” I said. “Wouldn’t you prefer the window?” he asked. I shook my head and he finally moved in. A few minutes later the man sitting behind us pulled the same move, this time successfully, on a young boy. When he realized that the boy’s parents were sitting nearby, he sheepishly volunteered to relinquish the aisle seat, but luckily for him the boy actually did seem to prefer the window.

I boarded a much larger plane in Atlanta, one that had three seats on either side of the aisle, and took my assigned aisle seat. I was the first one in the row, so I left my seatbelt off to expedite jumping up and letting others past. It was reputed to be a “full flight” and the airline had been looking for volunteers to give up their seats at the gate. It was also going to be a fairly long one. My attention wandered to some reading material as other passengers jostled for space in the overhead bins, when suddenly, I felt a hand apply a friendly grasp to my upper arm. A male face leaned over and the man wearing it said with calm authority, “You need to move in.”

“No, I don’t think I do,” I said, as I attempted to stand so that he could take his assigned seat which, big surprise, turned out to be the one in the middle. “It would be easier if you just shifted over,” he replied, blocking me from rising out of my seat. “Not going to happen,” I replied. He gave an enormous sigh, clearly disgusted with my appalling manners.

I always request an aisle seat, and because I am a “frequent flier” and I book early, I usually get one. I given them up for people with mobility impairments, or to reunite familes with children. I’ve also had them taken from me, appropriated by men who were backed by flight attendants who ordered me to find an empty seat elsewhere. So far, however, I have not been successfully bullied out of one by random passengers. I sure wish they would stop trying.

–Ann Bartow

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Apologies for Being an Outspoken Feminist

After hiring two feminist bloggers to work on his campaign and then suffering the predictable backlash, John Edwards has extracted apologies from both of them. Apparently, women using pointed language to criticize backwards policies of the far right is not appropriate in presidential politics. Take note, all you aspiring presidential-campaign bloggers!

– David S. Cohen

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The Virginia House of Delegates gave tentative approval to a bill to make it a felony for a woman to cause her own miscarriage

WaPo story here, which notes:

…In a flurry of votes, the [Virginia] House gave preliminary approved to a bill that would require doctors to give women the option of viewing an ultrasound before an abortion. It also agreed to require doctors to give women information about how anesthesia can be provided to a fetus during the procedure.

Two bills that would make it a crime to force a miscarriage received preliminary approval in the House. Under one, a person other than the mother could be charged with involuntary manslaughter for causing a miscarriage. Under the other, a woman who causes her own miscarriage could be charged with a felony and face up to 10 years in prison. The legislation would not outlaw the morning-after pill.

Final votes on the abortion bills are scheduled for today. If approved, the bills go to the Senate, which has been hesitant in recent years to address abortion-related issues. Even so, abortion rights supporters say they worry that Virginia is getting closer to enacting a ban on abortion. …

Via TikvahGirl.

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Maja Horn, “BETWEEN COLONIAL LEGACIES & GLOBAL IMPULSES: Contemporary Queer Dominican Cultures”

From the official announcement:

Wednesday, 14 February, Noon
BCRW, 101 Barnard Hall

The perceived progressiveness (or backwardness) of Latin American countries with regards to LGBTQ issues and communities typically is gauged through the presence (or absence) of LGBTQ social movements, political and policy activism, and public manifestations, such as gay pride marches. According to these indicators the Dominican Republic appears to be particularly homophobic and “backward.” Yet, this prevalent perspective hardly leads to a better understanding of contemporary Dominican gay and lesbian lives and the sociocultural context that shapes these. Maja Horn, assistant professor of Spanish and Latin American cultures at Barnard, discusses some of the historical and cultural conditions out of which queer Dominican cultures and practices have emerged, and explores what other perspectives and parameters – beyond tropes of teleological development – might better account for these.

Maja Horn received her B.A. from Smith College, her M.A. in performance studies from New York University, and her Ph.D. in romance studies from Cornell University in 2005; her dissertation is titled: “Sounding Out: Gender, Sexuality, and Performance in Hispanic Caribbean and Caribbean American Writing.” From 2005 to 2006 she was a research associate at FLACSO, the Latin American Social Science Institute, in Santo Domingo, Dominican Republic. Her research and teaching interests include Latin American and Caribbean literatures and cultures, performance studies, and gender and sexuality studies.

This event is free and open to the public. We hope to see you there!

Barnard Center for Research on Women

phone: 212.854.2067
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Because You Just Don’t Expect To See Pictures Of Naked Women At A Museum?

Deb Peterson of the St. Louis Post-Dispatch reports:

CAUTION : GENITALIA AHEAD: Contemporary Art Museum topper Paul Ha said Tuesday that there was no censorship in a decision to leave out a painting of a vagina on antique pink wallpaper from the upper level of the museum during the recent opening of the Jim HodgesAndy Warhol exhibit. “We didn’t have room for the extra signage that would have been needed,” Ha explained. “The sign that would have said, ‘Vagina ahead.'” About 2,000 people packed the opening on Friday night, and Ha said there was nowhere to put a cautionary sign. The painting was done by area artist Greg Edmondson and was chosen by artist Hodges to be included in the exhibit. Hodges said the work was “beautiful and confrontational.” It was replaced by another piece in the same series, of a rendering of a child’s toy on antique wallpaper. Ha said that the vagina was up to stay as of Monday, and that on the museum’s first floor there was Warhol’s drawing of a penis and a picture of a woman masturbating. “We don’t censor that kind of stuff,” Ha added.

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Angela King, leader at United Nations on women’s rights, dies

angelaking.jpg Angela King, a Jamaican diplomat who became the first woman to be appointed to the post of Assistant Secretary-General of the United Nations, died on Monday of breast cancer. Appointed by Kofi Annan as his Special Adviser on Gender Issues, she was a champion of women’s rights both outside and within the United Nations. The International Herald Tribune story on her highlights some of her achievements:

During a 38-year career at the United Nations, King led efforts to end discrimination against women and promote gender equality within the organization and globally. She was also one of a handful of women to lead a U.N. peacebuilding mission : in South Africa from 1992-94 during the country’s first democratic, non-racial elections.

King participated in U.N. conferences to promote women’s rights in Mexico City in 1975, Copenhagen in 1980, and Beijing in 1995, where world leaders adopted a wide-ranging blueprint to achieve equality for women.

In 1997, former Secretary-General Kofi Annan appointed her to a new post as his special adviser on gender issues and advancement of women with the rank of assistant secretary-general to help ensure U.N.-wide implementation of the Beijing platform. …

As the secretary-general’s special adviser, King organized a special session of the General Assembly in 2000 to review progress on implementation the Beijing blueprint. She pressed for an end to discrimination against women and the promotion of women to top U.N. jobs.

This latter area is a continuing struggle. Although the Charter of the United Nations provides in article 8 that “The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs, de facto discrimination abounds, and the number of women in professional staff positions remains very low.

King also played a key role with women’s rights groups in promoting adoption of a Security Council resolution in 2000 that called for women to be included in decision-making positions at every level of peacemaking and peacebuilding. It also called for increased protection of women and girls during war and prosecution of those who commit rape and other crimes against them. …

Shortly before she retired in 2004, King warned that without acceptance of women as full partners in critical areas such as peace negotiations and economic development, “there will be no true democracy, sustainable peace and enjoyment of human rights.”

-Stephanie Farrior

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Spot The Cognitive Dissonance!

Yahoo News is running an article entitled Sex of any kind can harm teens emotionally.” It starts out as follows:

Teenagers often suffer emotional consequences from having sex, even when it’s “only” oral sex, a study published Monday suggests.

Researchers at the University of California San Francisco found that up to one-half of the sexually active teenagers in their study said they’d ever felt “used,” guilty or regretful after having sex.

Though such feelings were less common among teens who’d only had oral sex, about one-third reported some type of negative consequence.

Dr. Sonya S. Brady and Bonnie L. Halpern-Felsher report the findings in the journal Pediatrics. …

What the title will not lead you to expect is the conclusion of the piece, which reports:

… Among the sexually active teens, those who said they’d had only oral sex were generally less likely to report negative consequences, whether physical — pregnancy or sexually transmitted infections — or emotional.

However, they were also less likely to report positive effects, like feeling closer to their partner or feeling good about themselves. Such positive feelings about sex were common, the study found. In fact, the teens more often reported positive effects than negative ones.

This suggests that when parents talk with their kids about sex, it might be a good idea to acknowledge the potential positive outcomes, like emotional intimacy, Brady and Halpern-Felsher note in their report. Parents could then talk about other ways to find those same feelings.

Postive effects of teen sex! Not something the popular discourse is likely to highlight, which is probably why it is buried at the end. It’s kind of surprising the article mentioned this at all, really. Unfortunately, there is apparently a gendered tilt to all this. The authors’ results summary is as follows:

In comparison with adolescents who engaged in oral sex and/or vaginal sex, adolescents who engaged only in oral sex were less likely to report experiencing a pregnancy or sexually transmitted infection, feeling guilty or used, having their relationship become worse, and getting into trouble with their parents as a result of sex. Adolescents who engaged only in oral sex were also less likely to report experiencing pleasure, feeling good about themselves, and having their relationship become better as a result of sex. Boys were more likely than girls to report feeling good about themselves, experiencing popularity, and experiencing a pregnancy or sexually transmitted infection as a result of sex, whereas girls were more likely than boys to report feeling bad about themselves and feeling used.

The referenced study is available here with a Pediatrics subscription.

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Time Magazine on Rape and Consent

Recently the Maryland Court of Special Appeals ruled in a rape case addressing the legal issue of whether consent could be withdrawn after penetration, that no, it probably couldn’t be. The written opinion in the case, Maouloud Baby v. State of Maryland, is accessible here. Time Magazine recently featured coverage of the issue that is available here in full text. Below is an excerpt from this article:

If a woman consents to having sex with a man but then during intercourse says no, and the man continues, is it rape?

The answer depends on where you live. The highest courts of seven states, including Connecticut and Kansas, have ruled that a woman may withdraw her consent at any time, and if the man doesn’t stop, he is committing rape. Illinois has become the first state to pass legislation giving a woman that right to change her mind. But in Maryland–as well as in North Carolina–when a woman says yes, she can’t take it back once sex has begun–or, at least, she can’t call the act rape.

That was the recent ruling by Maryland’s Court of Special Appeals in a case that may soon make its way to the state’s highest court and that has captured the attention of feminists and legal experts across the country. Advocates for victims’ rights insist it’s not just a matter of allowing a woman to have a change of heart. If the law doesn’t recognize a woman’s right to say no during sex, they say, there is no recourse for a woman who begins to feel pain or who learns her partner isn’t wearing a condom or has HIV. Those who are wary of these measures say they’re not arguing against having a man stop immediately when a woman no longer wants to have sex, but with how to define immediately. …

Via Caitlin E. Borgmann, author of the excellent Reproductive Rights Prof Blog.

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In Support of Amanda Marcotte

Feminist blogger Amanda Marcotte, of Pandagon, has joined John Edwards’ Presidential campaign. I’ve been an Amanda Marcotte reader for quite a while, and also a tremendous fan. I disagree with her a fair amount on various issues, but she’s the kind of wonderful feminist writer you can simultaneously differ with and admire. She’s smart and funny, and though she doesn’t suffer fools or take crap off of anyone, she will also freely admit mistakes, and seems to keep an open mind.

Conservative bloggers such as Michelle Malkin, Brainster, Hit & Run, Outside the Beltway, Overlawyered, South of Heaven, Riehl World View and Instapundit have been aggressively attacking her since her new position was announced. I suspect that they are trying to tear her down because they are justifiably afraid that she will excel at her new job. Along with disparaging her on the most ridiculously inane grounds (E.g. “She uses profanity! Holy fucking shit!”), one has already resorted to insulting her physical appearance. Bleh. Unfortunately, this sort of sexism is not limited to conservatives. Ohio Congressional Representative Jean Schmidt is pro-war and anti-choice and holds fairly odiously retrograde views generally, but to a Supposedly Liberal Dood like Atrios, the big problem was that he found her ugly. Which of course is an intolerable trait in a woman, and as commentary-worthy as her politics. Double bleh. With Amanda in control of his blog, Edwards’ is a lot more likely to (e.g.) criticize Hillary Clinton on the merits and demerits of her positions on the issues, rather than on her clothing and hair styles, and thank the Goddess for that.

I don’t know if I’ll wind up personally supporting Edwards’ candidacy, but hiring Amanda is certainly a point in his favor. One of Amanda’s new “John Edwards ’08 Blog” co-bloggers is another fantastic feminist, Melissa McEwan of Shakespeare’s Sister, who recently noted:

… I’m joining Amanda at the Edwards campaign as its netroots coordinator. They either really do value women, or they’re trying to dismantle the feminist blogosphere one blogger at a time. I’m pretty sure it’s the former. [E-mail quoted with permission].

Warmest wishes to Amanda and Melissa. Edwards is lucky to have them. NB: John Edwards was born in Seneca, South Carolina, which obviously adds substantially to his coolness factor, y’all.

–Ann Bartow

A few words about comments: Unless you are a member of the blogroll, your comments are subject to moderation. The comments here will not become a colloquy on the Duke rape allegations, not will I post comments that contain virulent personal attacks against Amanda, me, or anyone else, including conservative bloggers.

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That Snickers Superbowl Ad

Americablog has multiple posts detailing the background of, content of, and backlash to Snickers’ incredibly homophobic Superbowl commercial.

NB: You can watch the “chest hair” version of the commercial here.

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Kate Michelman Joins Edwards’ Campaign

Blogged about Kate Michelman’s book a while back, and today faithful e-mail correspondent “jdfeminist” brought this interview with Michelman at Salon (unless you are a Salon subscriber you’ll have to watch an ad to read it) to my attention. Here’s an excerpt:

…One of the most unexpected alliances announced in these early days has been the hiring of leading women’s rights advocate Kate Michelman by former North Carolina Sen. John Edwards. Michelman’s new role, as a senior advisor to the Edwards campaign, has surprised many who might have assumed that the former head of NARAL Pro-Choice America would have automatically reported for duty at Camp Hillary, where women’s history may be in the making.

Michelman spoke by phone to Salon about her decision to hitch her star to the Edwards campaign.

What is your role in the campaign?

I am a senior advisor. I will advise on message, strategy and organizational development as we move from state to state. I hope to contribute to fundraising. And I am going to spend a great deal of my time organizing women for Edwards. National security, foreign relations, healthcare, education, the economy — it takes deliberate and careful thought as to how women see these issues, and I hope to play a role in focusing on how each of the issues can be discussed in ways that are more meaningful to women. The other important role I will play is as a surrogate for John. I will travel the country and speak to groups and rallies for John when he can’t be there or when [his wife] Elizabeth can’t be there. The goal will be educating people about John’s views, his mission, and inspiring commitment to John’s vision, with particular emphasis on the future of women’s role in society.

Do you think women think differently than men on every issue?

No. I don’t mean to say that every issue has a male and female component. But I do think there are issues women approach with a different perspective, often a very personal perspective. Men approach reproductive rights from a policy perspective, and women think about it from a personal point of view, obviously because reproductive decision-making is so compelling a reality in women’s lives. So we start with the personal and build out to policy. Women do that on many issues, and I want to just remind the campaign about that. On issues like national security or the threat of terrorism, you can add to the discussion the security of families. Often in campaigns there hasn’t been a sensibility about how to communicate to women. But John has a keen understanding of these things, and is very sensitive to how women think about issues.

What issues loom largest for women voters right now?

Women care about national security; there’s a foreboding that women feel. Violence in society is a major concern; whether that translates to support for gun control or not is another issue. How a candidate views the selection of Supreme Court justices is not an issue that polls high, but it is of great concern. Then there is the economy; we have so many single women, many women in poverty, many working women, who are struggling to make ends meet, that the security of jobs is a big concern, and healthcare is an enormous issue for women. Also, quality education for their families, as well as their rights and liberties.

Women’s rights and liberties do not come up straightaway when you poll people about which issues are most compelling to them. But some of those deeper values women expect from a candidate include the value of a woman’s rights to dignity, to equality, to privacy, a woman’s right to determine the course of her life, to equal pay, to healthcare. They may not poll as “issues” like healthcare or education, but they are factors that contribute to a way that a voter sees a candidate. …

–Ann Bartow

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A Little Dose of Anti-Essentialism!

Women, not men, choose spouses on island

by Rukmini Callimachi

ORANGO ISLAND, Guinea-Bissau – He was 14 when the girl entered his grass-covered hut and placed a plate of steaming fish in front of him. Like all men on this African isle, Carvadju Jose Nananghe knew exactly what it meant. Refusing was not an option. His heart pounding, he lifted the aromatic dish, prepared with an ancient recipe, to his lips, agreeing in one bite to marry the girl.

“I had no feelings for her,” said Nananghe, now 65. “Then when I ate this meal, it was like lightning. I wanted only her.”

In this archipelago of 50 islands off the western rim of Africa, it’s women, not men, who choose. They make their proposals public by offering their grooms-to-be a dish of distinctively prepared fish, marinated in red palm oil. Once they have asked, men are powerless to say no.

To have refused, explained Nananghe, remembering the day half a century ago, would have dishonored his family : and in any case, why would he want to choose his own wife?

“Love comes first into the heart of the woman,” he explained. “Once it’s in the woman, only then can it jump into the man.”

But the treacherous tides and narrow channels that have long kept outsiders out of these remote islands are no longer holding back the modern world. The young men of Orango, 40 miles off the West African country of Guinea-Bissau, are finding jobs carrying luggage for tourist hotels on the archipelago’s more developed islands. Others collect oil from the island’s abundant palm trees and sell it on the mainland.

They return with a new form of courtship, one which their elders find deeply unsettling.

“Now the world is upside down,” complained 90-year-old Cesar Okrane, his eyes obscured by a cloud of cataracts. “Men are running after women, instead of waiting for them to come to them.” …

Read the whole story here. It’s a bit superficial, but is a good reminder that social customs are malleable, for better or worse.

Via Tracy McGaugh

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Woman Mentions “Menopause” Publicly and Freaks Male Journalist The Freak Out

From Women’s Voices For Change:

Woman Mentions Menopause — In Public!: You’d think this wouldn’t make the lede in a political story, but clearly CBS’ Ben Smith was stunned by this woman’s daring: “In her first tour of Iowa last weekend, Sen. Hillary Rodham Clinton emerged as a candidate hard-edged enough to threaten violence, yet explicitly female enough to make women feel so comfortable that one mentioned menopause in front of crowd of more than 1,000 people,” reports Smith. Later in the story he mentions again that a teacher in Des Moines said out loud that she is going through menopause.

No reports on what clothing he was wearing when he heard the word “menopause” uttered, what statement his sartorial choices made, or whether or not his outfit was suitably attractive.

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The Anonymous Lawyer On Juggling Home and Work

I found this amusing but I admit I have a fairly oddball sense of humor (or, being a feminist, arguably no sense of humor at all):

The Wall Street Journal has a new blog about juggling home and work. That’s the kind of phrase people who are committed to their careers don’t use. They’re not like balls in the air. There’s no juggling involved. I think of it more like fishing. The job is the river. The family are the fish. You stand in the river. And sometimes you catch a fish. Sometimes you’re too busy swimming to put the rod in the water. Sometimes you put the rod in, but it’s two in the morning and all the fish are sleeping. Sometimes you catch a fish but he starts crying so you throw him back. Sometimes you and the fish spend a lovely day together, but after too much time with you, the fish starts to suffocate, so you have to throw him back for his own good and go back to what you were doing before, just wading in the river, without the fish. Sometimes there’s an oil spill, and the fish get all messed up, and you feel bad about it, but there really isn’t anything you can do. They’re just the fish. What’s really important is saving the river. Sometimes the river overflows and destroys the houses on the banks. That’s a tragedy, but sometimes it happens. The river gets bigger. You have more water you have to manage. And sometimes, if you’re not really capable enough, you drown. And the fish eat your bones. The analogy falls apart at the end, but you get my point.

From The Anonymous Lawyer, and quite possibly satirical.

–Ann Bartow

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Shazia Mirza Stops Shaving

Can’t be a real feminist blog unless body hair gets discussed once in a while, eh? Here is a link to a BBC Woman’s Hour interview with Shazia Mirza, described as follows:

The comedian Shazia Mirza has decided to stop removing her body hair. Tired of waxing, shaving, bleaching, threading, and all the other methods of maintaining a hair free body, Shazia has resolved to down tools and let her body hair be. She discusses her new approach to personal grooming and her bid to make female body hair sexy.

And for visual interest, below is a picture of Julia Roberts’ armpit:julia.jpg
The photo was taken from an accompanying BBC story about body hair generally in which Shazia is mentioned. She is also quoted as saying:

“A woman can definitely be sexy in a pair of Jimmy Choos and a pair of hairy legs, she can be sexy in a Wonderbra and hairy armpits, and she can be very hot in a mini skirt and hairy arms. The public just needs to see that’s ok and it’s possible.”

I’m confused about why someone who is tired of shaving is still enthusiastic about the hotness potential of high heels, Wonderbras and mini skirts, but Mirza chooses to subvert one oppressive fashion dictate at a time I guess.

–Ann Bartow

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Legal Scrutiny For University Ties to Loan Lenders

According to this NYT article, there is:

… a sharpening focus by government officials on the often undisclosed relationships between loan companies and colleges and universities, particularly as tuition has soared and private student loans have become a lucrative, fast-growing business.

Senator Edward M. Kennedy, Democrat of Massachusetts and chairman of the Senate education committee, is taking aim at so-called preferred-lender lists, which college financial aid offices compile to recommend loan companies to students. Because students tend to rely on advice from those offices, getting on the list is crucial, and lenders use various tactics to curry favor with colleges and universities.

Mr. Kennedy is pushing a bill that would require the disclosure of such arrangements; ban gifts and services worth more than $10 to college employees; and require lenders to tell students that they might be eligible for low-interest federal loans.

The federal Education Department, which until recently paid relatively little attention to such practices, is now weighing whether to regulate preferred-lender lists, perhaps by requiring colleges and universities to include a certain minimum number of loan companies as options; some institutions have just one or two on their lists. …

Given how much money many law students have to borrow, it would be nice to see more disclosure and transparency here.

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Northern State – “Girl For All Seasons”

Turn up the sound and “fight for your right to a life without fear.”

Via Sinister Girl.

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“Overzealous Big Pork Stomps on Breastfeeding Blogger”

READ THIS POST. Thank you. Okay, you don’t like getting bossed around? You refuse to click on that link without at least a hint about what you are getting into? Here is an excerpt of the linked post:

…The Lactivist is being threatened with a lawsuit.

Why? Because I was selling a shirt that said “the other white milk.”

First, a little background if you’re new to the site. The Lactivist is a blog about breastfeeding and human milk banking. It’s mostly a gathering place for breastfeeding moms to come and share their thoughts and experiences and to keep up to date on the latest issues in the fight for the rights of a child to eat in public. To help fund the site (and to raise money for the non-profit milk banks) I have a CafePress store that sells t-shirts with funny pro-breastfeeding slogans. Things like “Milk on Tap” and “That’s my baby’s lunch you’re staring at.”

Thus…the shirt that read “the other white milk.”

I received a letter this morning from Jennifer Daniel Collins, an attorney at Faegre & Benson that represents The National Pork Board. It stated, for the most part, that my use of the phrase “the other white milk” violates their trademark on the phrase “the other white meat.” As such, they’ve demanded that I remove the shirt, demanded that the image of the shirt be removed from any site I know of, demanded that I destroy any shirts that exist with the logo and demand that I not at any point in the future use the phrase in a commercially profitable way.

(Want to read ALL the demands? Download the C&D as a PDF file.) …

I suspect this is just idiotic overzealousness, but lots of bad publicity for the overreaching trademark holder can’t hurt!

–Ann Bartow

UPDATE: Some things you might not have realized about pork.

UPDATE THE SECOND: Rumors about corruption in the National Pork Board’s acquisition of “The Other White Meat” trademark! Was this an appropriate use of $60 million in taxpayer funds?

Editorial graphic:

pork.gif

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Want To Read Linda Hirshman’s Political Analysis?

You just know it’s going to include copious women bashing, based on her own special brand of “research” which included: “contact[ing] half a dozen members of the Wednesday Morning Group, a D.C. area organization that provides speakers and programs mostly for stay-at-home moms.” She recently had a piece in the WaPo entitled “You’ve Come A Long Way, Maybe.” Here are some excerpts from her essay (indented), with a little acidic commentary interspersed by me:

In every election, there’s a chance that women will be the decisive force that will elect someone who embraces their views. Yet they seem never to have done so, and I’ve never seen a satisfactory answer as to why. My own theory is that women don’t decide elections because they’re not rational political actors — they don’t make firm policy commitments and back the candidates who will move society in the direction they want it to go. Instead, they vote on impulse, and on elusive factors such as personality.

Must be our hormones? Our laziness? Or our general lack of brains? Yes of course all that, and also, says Hirshman, our failure to read the correct periodicals:

Most of the women read People and Real Simple magazines. They all listen to news on the car radio, mostly National Public Radio. And almost all their full-time working husbands consume immeasurably more political information than they do (“He reads 10 times what I do,” one told me), reading news magazines and political Web sites and bringing home political information from their jobs. The women gather little information from their almost exclusively female society of other stay-at-home mom…

… As a 2006 study by the Pew Research Center for the People and the Press put it, American adults live in “A World of His and Hers.” Two million more men than women read either Time or Newsweek; more men listen to radio news and talk radio, read the paper and get news online. Only broadcast television news plays to more women than men, and a lot of that is TV news magazines and morning shows. Not only do fewer women read the newspaper, but almost half the women surveyed said they “sometimes do not follow international news because of excessive coverage of wars and violence.”

And most unfortunately of all, we suffer from not being men. Linda wants to like us, but…

I had such mixed feelings listening to these women describe their political selves. They’re clearly idealistic, want to be good citizens, make an effort to get the information they need. It was hard not to like them. Their delight in seeing a woman so close to real power was palpable. Yet I couldn’t escape the fact that they took in little of politics, especially compared with their husbands, that their decision-making seemed impulsive and that their response to Clinton’s candidacy was driven to an amazing extent by personality. …

… To this day — as even my D.C. area correspondents seemed to confirm — women just aren’t as interested in politics as men are. The Center for Civic Education recently reported that American women are less likely than men to discuss politics, contribute to campaigns, contact public officials or join a political organization. About 42 percent of men told University of Michigan researchers last year that “they are ‘very interested’ in government and public affairs, compared with 34 percent of women.”

Worse, women consistently score 10 to 20 percentage points lower than men on studies of political knowledge, regardless of their education or income level. Studies dating to 1997 have shown that fewer women than men can name their senator, or know one First Amendment right. They even know less about the Supreme Court’s decision in Roe v. Wade than men do.

So Linda Hirshman has found “studies” that validate her vitriolic claims about how dumb women are. Guess what, though? We actually register and vote in greater numbers than men do. For example, this site notes:

For six decades after women obtained the right to vote in 1920, they voted at lower rates than men. However, in the 1980 election women caught up with men, and according to U.S. Census data, in every subsequent election women have voted at an increasingly higher rate than men. In the 2000 elections, 56.2% of women reported voting, compared with 53.1% of men. Because women are a larger proportion of the population and vote at higher rates, about 7.8 million more women than men voted in the 2000 elections…

And this site reports: 8.8 Million More Women Than Men Voted in 2004 Elections. And, see also: (“Civic engagement among young men and young women, while similar, is not equal. In recent years, young women, particularly college educated young women, have voted and volunteered more and been more civically engaged than their young male counterparts.”)

But, I guess Linda Hirshman wishes we would just stay home on election day, given our obvious gendered ignorance and stupidity.

–Ann Bartow

UPDATE: Over here Linda Hirshman has been debating her critics, and she came up with a link to putatively support her assertions. The focus of the study she links to is Indonesia, but it does contain paragraphs like this:

Political knowledge varies across groups, with studies finding that women consistently score below men on knowledge tests (Delli Carpini and Keeter 1996, Garand, Guynan, Fournet 2005, Verba, Burns and Schlozman 1997). In their review of the literature, Mondak and Anderson explore why the knowledge gap in political knowledge is about twice as large as gaps found in interest in politics and political efficacy among Americans (2004, 509). However, in this study the authors find that up to 50% of the gender gap in political knowledge stems from male respondents’ reluctance to pick”don’t know;”in reverse, females are ready to select”don’t know”rather than guess. The authors don’t deny the existence of a gender-based knowledge gap, but suggest that the measurement is flawed due to differing response patterns by gender.

For more reactions to Hirshman’s column, go here, here, here, here, here and here.

As far as the studies about women’s ostensible lesser political engagement, I’m very curious about what questions were asked, and how the answers were categorized. For example, Hirshman says studies show that women “know less about the Supreme Court’s decision in Roe v. Wade than men do.” What kind of knowledge was being tested? The ability to paraphrase the Court’s majority opinion evidences one kind of political knowledge, but the ability to explain how a person might actually go about obtaining an abortion is another kind of political knowledge that women may possess in far great quantities than men. My guess is that only the first kind registers with some of the researchers.

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Ambriz v. Kelegian: In Which Justice Might Finally Be Coming To a Rape Victim

Here is an excerpt from the facts recitation in a successful appeal from SJ:

At the time of Ambriz’s rape, three of the four entrances to Ambriz’s building did not close and lock properly because the mechanisms on the entrance doors were broken. Residents had complained, but the doors were not repaired. The rapist was a transient who had been seen around the complex on a number of occasions over a period of more than eight months prior to the rape. He was often found sleeping on benches within the Casa Escondida complex. The transient regularly asked the residents, including Ambriz, for money. In December 2001, he became more aggressive and began to frighten Ambriz and other tenants. That month, Ambriz complained to the management that the doors to the buildings would not lock and that this transient was scaring her. Ambriz was told that management would “take care of it.” A police detective who investigated Ambriz’s rape testified that the lack of evidence of a forced entry indicated that it was more likely than not that the rapist had entered the building through an open door. …

Mythago notes:

I’ve had some very trying days in Law & Motion, but nothing as breathtakingly WTF?! as Celia Ambriz. Among the many forehead-slapping errors committed, the trial court had agreed with respondent that certain depositions were inadmissible–even though the respondent used the very same depositions as exhibits to its motion for summary judgment.

Mythago was being circumspect. Here’s what the appellate court said:

There are a number of reasons why the court should have overruled the respondents’ other objections to this evidence. First, the objections based on Ambriz’s attorney’s failure to attest to personal knowledge of the deposition excerpts, lay a foundation, or authenticate the excerpts are without merit. The respondents presented excerpts from the same deposition in support of their motion for summary judgment. (Cf. Evid. Code, § 1414 [“A writing may be authenticated by evidence that: [ ¶] (a) The party against whom it is offered has at any time admitted its authenticity; or [ ¶] (b) The writing has been acted upon as authentic by the party against whom it is offered”].) The respondents admitted the authenticity of the transcript of Detective Pitcher’s deposition by seeking to use portions of that deposition in support of their motion for summary judgment. Raising an objection as to lack of authentication of an excerpt from the same deposition defendants themselves relied upon in their motion is disingenuous, unless defendants can establish that the excerpt Ambriz offered was not part of the deposition transcript. Respondents made no such allegation. Further, Ambriz’s attorney attested under penalty of perjury, that the copies of the documents lodged constituted “true and correct copies of what they purport to be.” This was sufficient to overcome the respondents’ generic objections to this evidence. Additionally, Ambriz’s attorney could have easily cured these perceived problems if given the opportunity to do so. At oral argument, Ambriz’s attorney offered to do just that, but the court denied her request. The court’s responses to Ambriz’s counsel during oral argument on the tentative evidentiary rulings indicate that the court was growing impatient with counsel’s attempt to address all of the respondents’ objections and did not want to spend more time on the evidentiary issues. …

At least now Ambriz will get a trial on the merits of her claim.

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Awards For The Duke Women’s Lacrosse Team?

Well, compared to some of their male counterparts they certainly seem like better people, but via Is That Legal? I learned that law prof Jim Lindgren is arguing at the Volohk Conspiracy that the Duke women’s lacrosse team deserves campus service awards for showing solidarity with the male Duke lacrosse players who were accused of rape and other crimes. Lingren wrote:

… Every year Duke gives many graduating students prizes for contributions to the community. Every graduating member of the Duke women’s lacrosse team (as well as perhaps the chief reporters and editors of the Chronicle) should be given the William J. Griffith University Service Award:

The William J. Griffith University Service Award will be presented to a select number of graduating students whose contributions to the Duke and larger communities have significantly impacted University life. Students whose efforts demonstrate an understanding of the responsibilities of effective university, communal and global citizenship are eligible for this award.

To have stood up for justice and the best principles of the Duke community in the face of opposition from some members of the faculty, the administration, and the press was an act of bravery that should be rewarded. When one compares their behavior to the usual activities for which such prizes are given to students, these student-athletes engaged in actions that risked real sacrifices of the kinds that one can’t list as credentials on applications to graduate or professional schools–risking their own grades, reputations, and honor.

Such obviously deserved prizes would show real contrition on the part of the administration.

There appear to be other awards that these students have also earned. The most ironic award that one of these brave students might be eligible for is the”Karla F.C. Holloway Award for Service to Duke.”The fact that it is given out by the African & African American Studies Department may mean that none of the Duke women’s lacrosse team members would qualify (I have no idea what their majors might be), but one of the team members would certainly fit the description of “Service to Duke.” …

Charming the way Lindgren worked race into this too, isn’t it? You should read the whole post for the full, appalling context. You just know that if someone posting at The Volokh Conspiracy is saying nice things about women, particularly female athletes, it is unlikely to be a celebration of Title IX, but this seems like a new low. Law prof Eric Muller responded in comments:

Jim, to my eye, this post from last May seems much closer to right than yours.

I think you are blurring the line between what you know now and what the women really knew then. And I also think you’re omitting things that the women actually knew then, including their male counterparts’ well-earned reputations for drunken excess and one male team member’s much-publicized sexually sadistic and homicidal fantasies.

Friends deserve praise for standing up for friends. Absolutely. But friend-for-friend loyalty isn’t the same thing as omniscience, and it isn’t usually the stuff of campus service awards.

A commenter named Brian Church followed Eric’s comment with this, which was also directed at Lingren:

What is your source for the claim that the women’s lacrosse team knew of the exculpatory DNA evidence back in May? This story claims that defense attorneys were not made aware of the DNA report until October.

It seems like if one is going to praise the women’s lacrosse team, to the point of commending them with awards, one should have some sort of conclusive evidence that their defense of the men’s team was principled and well reasoned rather than reflexive circling the wagons. At least one women’s lacrosse player in May explained her wearing the “innocent” headband by saying, “All the athletes at Duke all kind of stick together,. To be fair, the only other student quoted gives a more reasonable “innocent until proven guilty” defense, but nothing in any story I’ve seen shows that the women’s lacrosse team had any sort of special knowledge that the accused were innocent, or that there had been any sort of prosecutorial misconduct.

Perhaps jumping to a conclusion of innocence based on character assessments is less egregious than jumping to a conclusion of guilty based on victim’s statements; but aren’t the real people deserving of praise here those who withheld all judgement until the facts were in?

And Eric Muller later clarfied his own comment, writing:

… You’ll note that I said that the post to which I linked was “closer to right” than Jim’s. The reason I said “closer to right” was precisely because I didn’t think that the word “simpletons” was a fair characterization of the women. That characterization aside, I do think that the linked piece is essentially correct in characterizing what the women showed as loyalty (which it was) rather than “correct knowledge” (which Jim L. says it was, but it wasn’t).

This reminds me why I usually only read Orin Kerr’s VC posts, and miss his eponymous solo blog.

–Ann Bartow

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Estate of Miki Ann DiMarco v. Wyoming Dept. Of Corrections

This sounds like a terrible injustice. Here is the 10th Circuit’s description of the case (J. Tymkovich writing):

Miki Ann DiMarco lived her life as a woman even though she was anatomically male. In 2000, after she violated the terms of her probation, a Wyoming state court sentenced her to prison. Not realizing DiMarco’s medical condition and believing her to be a woman, the court placed her in Wyoming’s women’s correctional facility in Laramie. It was only during a routine prison intake examination that prison officials learned DiMarco was a hermaphrodite.

Because the officials believed that she presented a safety risk, DiMarco was placed in administrative segregation apart from the rest of the prison population. After an initial evaluation period, officials decided to continue her administrative segregation because they concluded she should not be placed with the general female prison population. Her confinement was reviewed every ninety days, but she remained segregated until her release from prison 14 months later.

DiMarco does not contest her segregation on appeal. Rather, the issue is whether Wyoming had a constitutional duty to provide her an opportunity to challenge the placement and conditions of confinement under the Fourteenth Amendment’s Due Process Clause. DiMarco contends that she had a right to contest her prior placement and living conditions through an administrative hearing, and that Wyoming violated her rights by failing to provide the hearing. The district court agreed and held that the Wyoming Department of Corrections and the individual defendants violated her procedural due process rights. Since she had been released from prison in 2002 and before the time of trial, the district court awarded $1,000 in nominal damages as well as costs, attorney’s fees and expert fees.

Because we conclude DiMarco does not have a liberty interest in her placement and the conditions of confinement, we reverse.

Here is an except from the “background” section of the opinion:

As part of their review of DiMarco’s initial placement, prison officials determined that she was a low security risk. Placement officials nonetheless recommended that she be kept apart from the general population for three reasons: (1) DiMarco’s safety and that of the general female inmate population, (2) her physical condition, and (3) the need to tailor programs for her condition. WWC’s warden testified at trial that a primary concern was that other inmates might try to harm DiMarco if they discovered her physical condition. Furthermore, questions surrounded DiMarco’s identity because of DiMarco’s use of multiple, unverifiable aliases. The warden felt that she did not know enough about DiMarco to risk placing her in the general population.

The entire opinion is available here. Via the blog Polymorphous Perversity.

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South Dakota’s New and Improved Abortion Ban

In the wake of South Dakota’s near-complete abortion ban being defeated in the polls in November, legislators are back at it with a new improved ban, this time so much more palatable, as is eminently clear from this description from the AP:

PIERRE, S.D. – An abortion ban introduced yesterday in the South Dakota House would allow exceptions for rape and incest, but only if those crimes were reported to authorities with DNA evidence.

A ban passed in South Dakota last year contained an exception only to save the woman’s life. Voters rejected that measure in November.

This year’s bill would allow a rape victim to obtain an abortion if she reported the rape to police within 50 days. Doctors would have to confirm the report with police, and take blood from the aborted fetus so authorities could conduct DNA testing. In the case of incest, a doctor would need the woman’s consent to report the crime, along with the alleged perpetrator’s identity, before an abortion would be allowed.

Gee, how understanding and progressive.
– David S. Cohen

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Nancy Wake

According to this website:

Nancy Wake was the Allies’ most decorated servicewoman of WWII, and the Gestapo’s most-wanted person. They code-named her ‘The White Mouse’ because of her ability to elude capture. When war broke out she was a young woman married to a wealthy Frenchman living a life of luxury in cosmopolitan Marseilles. She became a saboteur, organiser and Resistance fighter who led an army of 7,000 Maquis troops in guerrilla warfare to sabotage the Nazis. Her story is one of daring, courage and optimism in the face of impossible odds.

More information about Nancy Wake is available here. At least two biographies about her have been published, one by Peter Fitzsimons:

wake1.jpg

The other by Russell Braddon.

wake2.jpg

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We’ll Miss You, Molly Ivins

ivins.jpg“One, Two Three, Four: We Don’t Want Your F-ing War.”

NYT obituary here. Her final column is here. Siva Vaidhyanathan’s remembrance here.

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Horrifying Maltreatment of Rape Victim in Florida Reported

TAMPA – First, police say, a 21-year-old woman was raped at Gasparilla. Then, she was handcuffed and jailed – for two nights and two days.

A jail worker with religious objections blocked her from ingesting a morning-after pill to prevent pregnancy, her attorney says, keeping her from taking the required second dose for more than 24 hours longer than recommended.

The Hillsborough Sheriff’s Office wouldn’t talk about her medical treatment in jail. But Tampa police are investigating why more compassion wasn’t shown toward the woman after she reported her sexual assault to law enforcement.

“We may need to revisit our policy,” police spokeswoman Laura McElroy said.

Ya think? Here’s more:

The premedical student attended Saturday’s Gasparilla parade and veered off from her friends shortly before 1:30 p.m., police said. The Times is not naming her because police say she is a victim of a sexual crime.

As she walked north on Howard Avenue at Swann Avenue, she was grabbed by a man with crooked teeth and raped behind a building, McElroy said.

After the assault, the man ran off. The woman walked to her car, which was parked on the University of Tampa campus. At 3:40 p.m., after finding her vehicle, she called police.

As police assisted her, taking her to a nurse examiner’s clinic, and processing her report, an officer found two outstanding warrants for the woman in Sarasota County.

Attorney Virlyn “Vic” Moore III of Venice said his client was seated in the front seat of the police cruiser, on her way to the scene of her attack when the officer learned of the warrant, cuffed her and placed her in the back seat.

“To stop the rape investigation and instead victimize her again,” Moore said. “I’m aghast, astonished and outraged. I have never, ever heard of this happening.”

The officer arrested the woman at a sergeant’s instruction, McElroy said.

The student had failed to pay $4,585 restitution after a 2003 juvenile arrest, McElroy said. Moore said his client is convinced that she paid the fine and that the warrant was probably the result of a clerical error. …

And then there is this:

… A doctor had given her Plan B, the so-called “morning-after pill” approved by the FDA, to prevent pregnancy. But Moore said a medical supervisor at the jail refused to let her take the second of the two pills on Sunday.

For the emergency contraceptive to work, the first pill must be taken within three days of unprotected sex and the second 12 hours after the first. The woman had already taken the first pill soon after the assault Saturday, Moore said. She was unable to take the second pill until Monday afternoon. The jail allowed it, he said, after media inquiries. …

Read the whole thing here. Additional links and details here.

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Saying “Sexism” in Polite Company

FeministLawProf Deborah Rhode writes that “Subtle Sexism Exists” in a recent edition of the National Law Journal. Rhode argues that discrimination against women seems to have declined, but still exists in many forms:

There is . . . a more subtle side of sexism: a cluster of social expectations and practices that, in effect if not intent, reinforce sex-based inequality . . . . Women spend significantly more time than men do on their families and personal appearance. These disparities are generally attributed not to sexism but to personal preference. Yet what are too often missed or marginalized in discussions of women’s “different choices” are the costs that those choices carry, and the extent to which they are socially constructed and constrained . . . .

Even when male and female performance is objectively equal, women’s competence is rated lower. Résumés are evaluated more favorably when they carry male rather than female names, and women receive lower ratings . . . .

Those who invest too much in their appearance are condemned as shallow, vain and narcissistic. Those who invest too little, or fall too far short, are less likely to be hired or promoted, or to date and marry, than their more attractive counterparts.

The problems increase with women’s age. Older men can look distinguished; older women risk marginalization as “unattractive” or ridicule for efforts to pass as young . . . .

Hat tip: Marie Newman.

-Posted by Bridget Crawford

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Not That Too Many Academics Are Luxury Car Buyers Anyway…

mercedes_airbags.jpg

But does this make you want to purchase a Mercedes? Me neither. The point, apparently, is that the S500 has eight airbags. I can only imagine what the gear shift looks like.

–Ann Bartow

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“Mom, Dad – I’m Pregnant”

The Abortion Conversation Project (ACP) has a new web site, MomDadImPregnant.com, intended to help teenagers and their parents will find “communication advice for family crisis” in the form of resources, referrals, guidance, and other relevant information in a helpful and nonjudgmental way. Both The Abortion Conversation Project (ACP) and MomDadImPregnant.com seem to have a lot of useful content and links.

Via TikvahGirl.

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Great Mike Luckovich Cartoon

luckovich20024435570124.gif

From here, via The Dees Diversion.

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Times Magazine Contributes to the Problem

Last weekend, the New York Times Magazine’s cover story asked, “Is There a Post-Abortion Syndrome?” In the beginning of the story, the author clearly answers the question by pointing to all of the scientific evidence indicating no such syndrome exists. Yet, the story goes on and on and on (and then on some more) about one woman’s quest to indoctrinate female prisoners who have had abortions about the horrible damage the abortion has done to their psyches. If the syndrome doesn’t exist, why give her story so much attention?

A proponent of post-abortion syndrome described the movement’s strategy when it puts out flawed studies on the subject: “Even if pro-abortionists got five paragraphs explaining that abortion is safe and we got only one line saying it’s dangerous, the seed of doubt is planted.”

Isn’t this exactly what the Times has done with this story? Actually, it’s worse: the Times has given the one line equivalent to the science and the five paragraph equivalent to the woman pushing the flawed anti-abortion message.

– David S. Cohen

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The Nonexistent “Studies” on Gendered Rates of Speaking Surface Again

This time within an idiotic article at Men’s Health entitled “The Secret Language of Men.” The piece starts out:

The numbers say it all: In studies, women speak an average of 20,000 words a day. Men speak an average of 7,000.

What studies would those be, exactly? Could the author be referencing the completely unsupported and discredited claim make by Louann Brizendine’s book, The Female Brain? As was mentioned in this post last December and in this post last September, U. Penn linguist Mark Liberman wrote:

I looked through the book to try to find the research behind the 20,000-vs.-7,000-words-per-day claim, and I looked on the web as well, but I haven’t been able to find it yet. Brizendine also claims that women speak twice as fast as men (250 words per minute vs. 125 words per minute). These are striking assertions from an eminent scientist, with big quantitative differences confirming the standard stereotype about those gabby women and us laconic guys. The only trouble is, I’m pretty sure that both claims are false.

Liberman also observed:

The authors of self-help works, as a group, don’t seem to have any particular standards of accuracy. Journalists, meanwhile, generally take them at their word in reviews and interviews, and publishers are happy as long as the books sell well.

Liberman sure called this one. Probably best not to take any actual health advice from “Men’s Health” either, given their obvious complete absence of fact checking and lack of concern for accuracy.

–Ann Bartow

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“Not Innocent”

The disconnect between legal culpability and social responsibility simmers just below the surface of reporting on the Duke sex scandal. In The Duke Assault Case: A Question of Race, CNN’s January 16 special on Duke, co-hosts Paula Zahn and Howard Kurtz reminded viewers of the evidence that will be offered to exonerate the defendants if prosecutors take the case to trial: inconsistent victim statements regarding the number of assailants and nature of the assault; an alibi offered by one of the players that places him away from the scene of the crime; the lack of a DNA match to any of the players on the team. For Kurtz, this evidence sealed the case against the”accuser”whose racial identity he implied seduced reporters towards an interpretation of events that fit a familiar historical narrative – that of White men sexually exploiting Black women. Subsequent facts contradicted that script, and Kurtz offered these remarks in defense of the real”victims”marred by the scandal:

The Duke story was impossible for the media to ignore, but there was clearly a rush to judgment, which turned one woman’s shaky allegations into a racially charged morality tale. By the time journalists woke up to the fact that there was little evidence against these three young men, their reputations had been blackened.

Kurtz’s pitiful attempt to demonize the victim in this case – and through her all Black women – obscures the significance of other facts conspicuously left out of CNN’s broadcast: (1) that team members called the two women”niggers”and”bitches”; (2) one threatened to rape them with a broomstick; (3) another spoke of hiring strippers in an e-mail sent the same night that threatened to kill”the bitches”and cut off their skin while he ejaculated in his”Duke-issued spandex;”and (4) one shouted to the victim as she left the team’s big house,”Hey bitch, thank your grandpa for my nice cotton shirt.”These facts are undisputed and highlight the sick and wretched depravity of this racialized episode. The parallels between present and past are simply too numerous to ignore in the perverted claim these pampered and privileged White elites laid to the body of a Black female sex-worker. Yet if history is our guide, Kurtz is probably right – the evidence will ultimately stack against the”accuser”in favor of the accused and culpable or not, these boys will be exonerated. If brought to trial, my bet is they will be found”not guilty.”And yet, they are so far from”innocent.”Linda Martin Alcoff offers more insight into the importance of narratives surrounding the Duke case here.

–Kathleen A. Bergin


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Dianne Avery and Marion G. Crain, “Branded: Corporate Image, Sexual Stereotyping, and the New Face of Capitalism”

Abstract:

In this Article, we show how the adoption of increasingly sophisticated forms of marketing and branding strategies by service businesses creates property-like interests separate and distinct from workers’ physical and mental labor, from which employers profit: “branded service.” We then analyze the role that law has played in reinforcing the practice of branding. In particular, work law defers to managerial prerogative to construct the business image and to control the workforce as the public face of that image, affirming the employer’s power under the doctrine of employment-at-will to command adherence to appearance codes. The combined effect of the employment-at-will rule and workers’ lack of bargaining power at an individual level thus permits employers to extract this additional value from workers above and beyond the compensated value of their labor, without cost. In the context of unionized workforces covered by collective bargaining agreements, companies have – at most – been required to demonstrate a reasonable relationship between the grooming code and the business’s effort to project a corporate image that it believes will result in a larger market share. In a small number of cases, sexualized branding that exposes workers to sexual harassment or is predicated upon sexual stereotypes not essential to performance of the job has been curtailed by the antidiscrimination mandate of Title VII. However, challenges under Title VII have been effective only where corporate branding is at odds with community norms; where the branding is consistent with community norms that encode sexual stereotypes, customer preferences and community norms become the business justification for branding.

We explore the marketing of branded service and the law’s response through an analysis of Jespersen v. Harrah’s Operating Co., in which the Ninth Circuit rejected a female bartender’s Title VII challenge to Harrah’s “Personal Best” grooming and appearance policy, which required (among other things) that women wear makeup, a practice that Darlene Jespersen found both personally and sexually demeaning. We examine the branded service strategy that Harrah’s adopted, explain how it created a new and valuable property-like right for Harrah’s, and describe Jespersen’s reaction to her sexualized commodification. We discuss the law’s failure to respond to her individual claim, regardless of how it was bracketed. In analyzing the legal doctrine that emerged under Title VII, we pay particular attention to the ways in which judicial acceptance of the cultural stereotypes that shaped Harrah’s branded service limited the law’s ability to respond. Next, we place Harrah’s sexualized branding in the historical context of the gendered structure of work in the gaming industry and the bartending occupation.

Finally, we make suggestions for reframing claims arising from branded service and the appearance and grooming codes associated with it. We urge reconceptualization of sex-stereotyped corporate branding as a collective harm to workers and evaluate avenues of resistance, including union organizing and collective bargaining, class-action sex discrimination or sexual harassment claims, and public consciousness-raising by social justice and community groups. Although these strategies, too, are limited – by the law’s assumptions about the primacy of employer property rights, the tendency of majoritarian labor unions to focus on the economic interests common to all workers in the bargaining unit (rather than issues pertaining directly to gender identity), and judicial hostility toward collective action more generally – they afford the most powerful lever for altering community norms and, ultimately, for reshaping the values that guide the law.

Downloadable here!

Prior posts at this blog about the Jespersen case can be found here, and here.

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William B. Turner, “‘The Gay Rights State’: Wisconsin’s Pioneering Legislation to Prohibit Discrimination Based on Sexual Orientation”

Abstract:

This article describes the enactment of Wisconsin’s statute prohibiting sexual-orientation discrimination, the nation’s first such statute. In addition to providing details of the statute itself and the process of its enactment, the article focuses on the controversy within the Wisconsin legislature on the possibility that the statute would require affirmative action for lesbians and gay men. Wisconsin statutes already contained robust affirmative action requirements for women and racial/ethnic minorities. The lead sponsor of the bill wrote in language expressly abjuring affirmative action based on sexual orientation in order to get the law passed. The article explores how the Wisconsin statute is an indication of the difficulty of making the analogy from civil rights protections based on race and sex to civil rights protections based on sexual orientation. It notes the important ways in which the Wisconsin statute is similar to, and different from, subsequent statutes that have the same purpose. It also describes the issues that arose with the implementation of the Wisconsin statute, which were relatively minor.

Download it here!

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Conference on Judicial Language: “The Troubling Language of Rape: How Eroticism, Gender Myths, and Victim Blaming Affect Social and Legal Discourse”

From the Conference webpage:

The Judicial Language Project, which is the only organization in the country that reviews the language in judicial opinions to assess its impact on victims and society, will sponsor its first conference, “The Troubling Language of Rape: How Eroticism, Gender Myths, and Victim Blaming Affect Social and Legal Discourse,” on Saturday, March 24.

The conference will examine the relationship between language and topics such as sexual violence and gender, rape myths, race and rape, and child sexual abuse. Panelists will include linguists, social scientists, and legal scholars. …

A project of the law school’s Center for Law and Social Responsibility, the Judicial Language Project identifies and analyzes problematic language in judicial opinions to focus the attention of the judiciary, the bar, community activists, and the public on its harmful impact. Participants hope that their efforts will lead to a reduction in the use of needlessly erotic, sexist, minimizing, or “blaming” language to describe sexually violent behavior and that the changes in language will alter public perceptions of sexual assault. …

The conference is also intended to inform participants about the work of the Judicial Language Project and to build a network among those concerned with these issues.

For more information or to register, please contact Stephanie Sprague at SSprague@admin.nesl.edu or call 617-422-7434. Admission is free, but registration is required; please include your name, affiliation, number attending, and e-mail address.

For directions and parking information, please see http://www.nesl.edu/about/direction.cfm

NB: Speakers include Feminst law Prof Penny Pether!

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Two Discrimination Suits Filed Against NYC Law Firms

In Charney v. Sullivan and Cromwell LLP, Aaron Charney alleges discrimination based on sexual orientation. Among other things, the Complaint alleges that a partner tossed a document at Charney’s feet and said, “Bend over and pick it up : I’m sure you like that.”

In Marinaro v. Greenberg Traurig, Yasmin Marinaro, an administrative assistant, alleges among other things that the partner she worked for described her to two male clients, within her earshot, as a “hot tomato,” and referred to her by the nickname “Chiquita Banana.”

Both Complaints via Above the Law.

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New Blog: “The Situationist”

From this post:

The Situationist went live this morning. Part of a larger effort, including the Project on Law and Mind Sciences at Harvard Law School (website forthcoming), this blog will provide commentary by social psychologists, law professors, policy analysts, practicing attorneys, and others connected to law and mind sciences. Our posts–several of which are already up–will address current events and law and policy debates, informed by what social scientists are discovering to be the causally significant features around us and within us that we believe are irrelvant or don’t even notice in explaining human behavior, that is”the situation.”

“Situationism“represents a striking contrast to the dominant conception of the human animal as a rational, or at least reasonable, preference-driven chooser, whose behavior reflects stable preferences, moderated by information processing and will, but little else. Different versions of the rational actor model have served as the basis for most laws, policies, and mainstream legal theories, at the same time that social psychology and related social scientific fields have discovered many ways in which that model is wrong.

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Bhagwat, Faigman and Davis, “Brief of Constitutional Law Professors as Amici Curiae in Support of Respondents in Gonzales v. Carhart”

Here an excerpt from the abstract:

The question of what level of deference is owed legislative findings of fact (whether made by Congress or by state legislatures) in constitutional litigation is not a new one. It divided the Supreme Court in First Amendment cases in the 1920s, and again arose in the 1940s in the Japanese-American Internment case. In the modern era, however, and contrary to the position Solicitor General advanced in the above cases, the Supreme Court has consistently refused to defer to legislative findings regarding facts and mixed questions of law and fact where, as here, the resolution of such questions serves to define the scope of a fundamental constitutional right. Put differently, when legislation is subject to heightened scrutiny because it burdens a basic right, the Supreme Court has always engaged in a searching, independent review of constitutionally relevant factual findings and conclusions. This is not to say that legislatures may not make factual findings that affect the scope of rights, or that courts should ignore such findings when they exist. To the contrary, legislatures should be encouraged to make such findings, and when courts are faced with the obligation to determine constitutional facts upon which legislative findings are based, they should accord due respect to the legislature’s work. But judicial determinations of such facts should not be wholly deferential to legislative findings, nor are courts limited in their review to a record compiled by legislative bodies. Rather, courts must conduct an independent judicial review of legislative facts in constitutional cases and must remain free to gather and evaluate additional relevant facts, where they exist. A contrary rule would permit legislative bodies to evade and effectively overrule, through the guise of”fact-finding,”the most critical decisions of the Supreme Court, thereby undermining the Court’s preeminent role in constitutional interpretation mandated by Marbury v. Madison, 5 U.S. 137 (1803).

Downloadable here.

Read the other briefs in Gonzales v. Carhart.
Read the briefs in Gonzales v. Planned Parenthood.

Via The Reproductive Rights Prof Blog.

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“A Girl Like Me”

Powerful video here. Via Girlistic.

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Raising awareness of breast cancer research by putting a violent message on a headless female torso.

komen.jpg
Photo by techne, from here. Additional impassioned commentary at I Blame The Patriarchy.

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Posted in Acts of Violence, Feminism and Culture, Sexism in the Media | Comments Off on Raising awareness of breast cancer research by putting a violent message on a headless female torso.