“A Guide To Article Graphics In Law Magazines”

Some truth in this satire (scroll down), though Southern lawers got left out. They too are presumptively male, and are often photographed at college football games.

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Dorothy A. Brown, “Pensions and Risk Aversion: The Influence of Race, Ethnicity, and Class on Investor Behavior”

Here is the abstract:

Defined Contribution plans have greatly expanded over the last two decades. Defined Contribution plans place the investment risk on employees. Employee investment decision making should be examined to determine whether those decisions are influenced by race, ethnicity and/or class.

Empirical data show that investor behavior is greatly influenced by race, ethnicity and/or class. Blacks and Hispanics are far less likely to invest in the stock market than whites. Low-income whites are far more likely to invest in the stock market than blacks or Hispanics regardless of income. As a result, retirement account balances are the greatest for many white households and the least for black, Hispanic, and certain white households. This article explores those issues and suggests solutions that will allow employees to overcome their built-in biases and make wiser investment choices.

The paper can be downloaded here.

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Cheerleaders

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An article entitled “Equal Cheers for Boys and Girls Draw Some Boos” in today’s NYT reports:

Thirty girls signed up for the cheerleading squad this winter at Whitney Point High School in upstate New York. But upon learning they would be waving their pompoms for the girls’ basketball team as well as the boys’, more than half of the aspiring cheerleaders dropped out.

The eight remaining cheerleaders now awkwardly adjust their routines for whichever team is playing here on the home court :”Hands Up You Guys”becomes”Hands Up You Girls”: to comply with a new ruling from federal education officials interpreting Title IX, the law intended to guarantee gender equality in student sports.

“It feels funny when we do it,”said Amanda Cummings, 15, the cheerleading co-captain, who forgot the name of a female basketball player mid-cheer last month.

Whitney Point is one of 14 high schools in the Binghamton area that began sending cheerleaders to girls’ games in late November, after the mother of a female basketball player in Johnson City, N.Y., filed a discrimination complaint with the United States Department of Education. She said the lack of official sideline support made the girls seem like second-string, and violated Title IX’s promise of equal playing fields for both sexes.

But the ruling has left many people here and across the New York region booing, as dozens of schools have chosen to stop sending cheerleaders to away games, as part of an effort to squeeze all the home girls’ games into the cheerleading schedule.

Boys’ basketball boosters say something is missing in the stands at away games, cheerleaders resent not being able to meet their rivals on the road, and even female basketball players being hurrahed are unhappy. …

I’m a Gamecocks basketball fan, and I have to admit that I attend far more men’s games than women’s, because I like the stadium crowds, and the feeling of being part of the University community that the large fan base following men’s basketball generates. And, it’s fun to read about our team in the NYT, even when we lose badly. But I have to say, I’ve never seem the point of female cheerleaders doing complicated dance or gymnastics routines. Neither seems to inspire the audience very much, and I’ve always assumed they were performed largely to justify calling cheerleading a “sport” for Title IX compliance purposes. There are men on the squad too, but the male Gamecocks’ cheerleaders tend to be stocky, and they get to wear full coverage clothing. They hoist the female cheerleaders up over their heads several times each game, it is true, but the women lift each other up as well. The NYT article linked above notes:

Cheerleading has long been a source of contention. Some women’s sports advocates complain that schools count it as a varsity sport as a sneaky way to increase the numbers of the female side of the athletic department balance sheet without changing historic disparities. Others see the varsity letters as a mark of respect for the athletic and acrobatic feats the squads perform.

At University of South Carolina basketball games the Gamecocks’ pep band generally does a far better job of engaging the audience than the cheerleaders do, and while the cheerleaders are overwhelmingly white and female, the band members are a bit more varied in size, shape, gender and skin color. They play up tempo music, they stamp their feet and clap at appropriate times, and they generally make the stadium atmosphere more fun and exciting. They demonstrate at every home game that generating enthusiasm from fans doesn’t require flips, dips or pyramids by extremely thin women in tight, revealing costumes. The South Carolina soccer and volleyball teams do great without cheerleaders; I’m sure football and basketball players could get by without them somehow!

The NYT article makes it sound like cheerleaders are being forced upon girls’ sports teams, and I don’t doubt that some of the relevant high school female basketball players have expressed disinterest in having cheerleaders at their games. They may feel, as I did when I was in high school, that cheerleaders are rather pointless and silly. I was happy to cheer for my high school teams from the stands when I attended games, mostly to support friends, but I also played varsity sports myself, and I thought this made me superior to the pom-pom shakers. The possibility of having cheerleaders cheering for me never crossed my mind. The NYT article further states:

Rosie Pudish, the parent who filed the original complaint, said she did so even though her own daughter, Keri, a varsity basketball player at Johnson City High School, did not particularly want cheerleaders at her games.

Then why would she do this, given she must have known that it would bring her a lot of personal abuse?

Ms. Pudish said that as many as 60 cheerleaders, along with their friends and parents, would attend the boys’ games, injecting a level of excitement and spirit that was missing from the girls’ contests.

“It sends the wrong message that girls are second-class athletes and don’t deserve the school spirit, that they’re just little girls playing silly games and the real athletes are the boys,”said Ms. Pudish, an accountant who works for the federal government.

The National Women’s Law Center seems to agree, as the article reports:

Federal education officials would not specify how many Title IX complaints concerning cheerleading the Office for Civil Rights is investigating. But a spokesman said the department received 64 complaints nationwide last year concerning unequal levels of publicity given to girls’ and boys’ teams : which includes the issue of cheerleading : most from New York state. That compares with a total of 28 such complaints over the previous four years.

In September, the Prince George’s County, Md., public schools agreed to provide publicity equally for its male and female athletes, including cheerleaders at competitive events, as part of a lengthy list of changes after the National Women’s Law Center raised Title IX complaints against the 134,000-student district. Last February, a statewide group of physical education teachers in California called for cheerleaders to attend girls’ and boys’ games”in the same number, and with equal enthusiasm”as part of its five-year goals.

And for the first time this fall at Westborough High school in the Boston suburbs, cheerleaders were provided for all the varsity athletic teams, including girls’ field hockey and volleyball.”In our minds, there’s no major or minor sports,”said Brian Callaghan, Westborough’s athletic director.

I admit that cheerleading isn’t really on my personal radar as an important feminist issue, but I don’t think it is petty either, not by a long (three point?) shot. It will be interesting to see how the role of cheerleading evolves as this push for equality progresses. When I was in high school, girls’ teams couldn’t even get uniforms or decent practice or playing fields. It’s possibly an optimistic sign that cheerleading is a current feminist Title IX focus.

–Ann Bartow

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Amicus Brief in Support of a Grant of Certiorari in the Tamoxifen Citrate Case

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There are serious public health consequences related to the Tamoxifen Citrate case (Tamoxifen Citrate Antitrust Litigation, 429 F.3d 370 (2d Cir. 2005)), particularly for women’s health. The maneuvering to keep the Zeneca monopoly deprived women of generic competition for nearly a decade, a period when Tamoxifen was not only an important treatment modality for breast cancer, but also offered as a chemopreventive compound as well. If you are a full time legal academic and would like to read the draft amicus brief and consider signing on, contact Feminist Law Prof Eileen Kane: emk17 (at) dsl.psu.edu at your earliest convenience.

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If Only Feminists Would Be Nicer, We’d Get More Equality

Guess I’ve already ruined my chances with the title of this post, but did you catch this in Lois Romano’s column in the WaPo (scroll to “final note” at bottom)?

We heard a number of complaints last week because we used the word “catfight” to describe a disagreement between two distinguished members of Congress — Pelosi and Rep. Jane Harman (D-Calif.). To those who civilly articulated reasons why the term is inappropriate, we say: Point taken.

Emphasis added. And remember to smile prettily, too!

–Ann Bartow

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Peggy Noonan Thinks Nancy Pelosi Wore The Wrong Thing To A Meeting With Bush

Here is an excerpt from Noonan’s recent WSJ Op-Ed:

When Nancy Pelosi showed up at the White House Wednesday to talk with the president it was obvious she’d spent a lot of time thinking about  .  .  . what to wear. She wrapped herself in a rich red shawl. Dick Morris said it looked like a straitjacket. I thought she looked like a particularly colorful mummy. She complained that the president had not asked for her input as he put together his plan. He should have. But what would she have brought to the table if she’d been asked to it? It is still–still!–unclear.

Does Noonan think Pelosi should have brought dinner to the table?

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Bar’s “Ladies Night” Challenged Under Civil Rights Laws in Colorado

According to this article:

It may be a last call for Ladies Night. A state civil rights agency is reportedly backing a man’s claims that he was discrimated against at a Denver night club hosting a “Ladies Night.” Ladies Night — a promotion that often allows women in for free at clubs — is often used as a way to bring more men and women to the clubs on weekday nights that are less crowded. But Steve Horner said it’s outright gender discrimination to which many government agencies have turned a blind eye. “I think that’s what the modern-day feminist issue was all about — we’re equal,” Horner said. He said equality became an issue for him when he said he was asked to pay a $5 entry fee at the Proof NiteClub while women were getting in free.” I said, ‘This is discrimination.’ And he said, ‘Go ahead and file a complaint.’ And so I did,” Horner said. Horner went to the state Department of Regulatory Services, Division of Civil Rights. Horner says he’s received a letter from the agency indicating that evidence of discrimination was found. A mediation hearing with all sides is set for later this month. The matter could be set for a public hearing after that. In a statement to 7NEWS, Proof owners Karen Parker and Tim Bell said, “It’s ridiculous that the Proof NiteClub has been singled out because we have a Ladies Night, when this is a common business practice among many nightclubs in Denver and has been for years. We will continue to cooperate and move through the process. The Proof NiteClub has been a successful establishment in Denver for over 25 years, and we plan to continue well into the future.” But Horner hopes the promotion ends not only at Proof but all across the state and the country.”The promotion is sexist in nature,” he said. Horner said he plans to ask at upcoming hearings that Ladies Night be a thing of the past. “And then I’m going to ask for every dollar I’m owed to the letter of the law, which is $500. Then I’m going to get my $5 back,” he said.The state Civil Rights Division said it can’t comment on specific cases but said such complaints are not uncommon — they have occurred in other states — and any ruling that effectively bans Ladies Night applies only to the one establishment where the violation was reported. Horner said he plans to file complaints about other bars in the Denver area so that the law is applied consistently. Horner has a history of filing complaints in other states where he has lived. Some states have outlawed the practice of Ladies Night specials, but the rulings are often not enforced, experts said.

I’ve talked to students about clubs that try to entice female patrons with free admission and free or deeply discounted alcoholic drinks. Many feel that these practices create environments that are attractive to predators, including sexual predators, thieves, and people who like to engage in random physical violence against strangers. Both women and men are victimized in these establishments (or shortly after departing them), but there is clearly a gendered phenomenon occurring, as the “lure” of free admittance and/or drinks for women only is used to attract both female and male patrons. Still, it’s odd to see the issue being addressed through the legal system by an avowed “antifeminist”.

–Ann Bartow

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Tony Snow, Feminist Police Officer?

I always thought “feminist police” accusations were fictions deployed by thin skinned bullies to avoid circumspection or admitting error. But then I read this in the NYT:

… During the hearing itself, Ms. Rice did not appear to take issue with Ms. Boxer’s comments. During the interview, she addressed them only in response to a question. But the White House spokesman, Tony Snow, had suggested earlier today that Senator Boxer’s comments were anti-feminist.

Huh, perhaps there really are feminist police, and they are Republican. Go figure!

–Ann Bartow

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More on Domestic Violence Lawyers and Biden’s Proposal

Yesterday, I wrote about Senator Biden’s proposed bill to have 1) a network of legal volunteers for domestic violence cases and 2) more loan forgiveness for lawyers who do that work as a regular part of their job so that more lawyers go into the field. This raises a pet issue of mine: loan forgiveness for public interest work is just one side of the coin for getting more people to go into this line of work. The other side of the coin is more jobs. And that’s where Biden’s bill is incomplete (at least, as it was reported).

Maybe I’m wrong (and please correct me if I am), but do you know any domestic violence legal organizations that have long-standing job openings because people won’t take the low pay? I don’t. What I see is that the pay is terribly low (relative to other lawyers), but that there are always lawyers who are so committed to the work and have the financial flexibility (for whatever reason) to take these positions. The pool of people who are willing to do so may not be as large as one might hope, but the positions do not go unfilled. The same goes with legal services and other non-profits.

So, loan repayment assistance is undeniably wonderful for the people in those jobs. (And I know this firsthand, having taken advantage of my school’s loan repayment program.) But, more loan repayment programs doesn’t mean more people doing this needed work. That will only come when more jobs are created, which, to the best of my knowledge, Biden’s bill doesn’t do.

– David S. Cohen

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Global Violence Against Women: The Secretary-General’s Study

Edward V. Sparer Public Interest Law Forum

Brooklyn Law School

Thursday, February 22, 2007

4:00-6:00 p.m.

Reception to Follow

About the Program:

In December 2003, the General Assembly of the United Nations requested the Secretary-General to prepare an in-depth study on global violence against women. This landmark study was presented to the General Assembly in September 2006 for consideration, the first time that the General Assembly has ever discussed this issue. The study highlights the persistence of all forms of violence against women in all parts of the world and the unacceptability of such violence, and identifies violence against women as a pressing human rights issue. It seeks to strengthen political commitments and joint efforts to prevent and eliminate violence against women, identify ways and means for more sustained and effective implementation of government obligations, and increase governmental and international accountability. This forum will bring together a number of leading international human rights activists and scholars who work on global violence against women, including individuals who were involved with the study. They will discuss the significance of the study, the possibilities that it presents for future work, and assess the obstacles to change that are presented. To read the study, go to: www.un.org/womenwatch/daw/vaw.

Panelists:

Charlotte Bunch, Founder and Executive Director, Center for Women’s Global Leadership, Rutgers University

Vahida Nainar, Chair of the Board, Women’s Initiatives for Gender Justice, The Hague and Vice President, Urgent Action Fund, Africa

Lenora Lapidus, Director, American Civil Liberties, Women’s Rights Project

Moderator:

Elizabeth M. Schneider, Rose L. Hoffer Professor of Law and Director, Edward V. Sparer Public Interest Law Fellowship Program

RSVP: www.brooklaw.edu/rsvp by Thursday, February 15, 2007

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“Virtual Women – Emerging Issues in Gender and Intellectual Property Law”

Thomas Jefferson School of Law announces its Seventh Annual Women and the Law Conference,  Virtual Women – Emerging Issues in Gender and Intellectual Property Law, to be held at Thomas Jefferson School of Law in San Diego, California, on Friday, February 9, 2007.

This conference will explore the various ways that the field of intellectual property can create an atmosphere for women that can be ‘virtual,’ offering rights and regimes that can appear less than genuine. Because of the more prominent role women and women’s issues are playing in the field of intellectual property, Virtual Women: Emerging Issues in Gender and Intellectual Property Law explores this disparity and raises questions addressing these distinctions.  The conference will address such questions as the role gender plays in motivating creativity, the gender of patent, how feminist theory can reconceptualize intellectual property, and the challenges women face in the practice and execution of intellectual property.

Keynote speaker Rochelle Dreyfuss, will deliver the Ruth Bader Ginsburg Lecture, Girls Just Want to Have Fun: What Can Feminist Theory Tell Us About Incentives?, will investigate ways that feminist theory can explain and support incentive structures to make sure the laws are achieving the goals necessary to support the endeavors.  Confirmed panelists include Ann Bartow, Dr. Boatema Boateng, Dan L. Burk, Dr. Carys J. Craig, Mallary DeMerlier, Michele Goodwin, K.J. Greene, Christine Haight Farley, Eileen Kane, Mary LaFrance, Doris Estelle Long, Malla Pollack, Adrien Pruetz, and Rebecca Tushnet.  Panelists will present academic and professional work that ranges from exploring issues of gender on the Internet to examining the role of women in the field of biotechnology; from considering feminist roles in authorship and creativity to considering the feminine mystique of brands; from questioning issues of sex and fair use in copyright to issues of breast cancer and baby rights in patent; and from hearing women’s voices in the arts to hearing feminist concerns in intellectual property.

Since 2001, Thomas Jefferson’s Women & The Law Project has hosted an annual conference, the first annual event in the West focusing exclusively on gender issues and the law.  The conference series aims to advance the legal rights of women, promote gender-related scholarly work, share the expertise of faculty with the wider community, and facilitate interdisciplinary dialogue.

To register and for more information, please visit our Web site at www.tjsl.edu/WLC or contact Sherril Cohn at (619) 297-9700 x1414 or scohn@tjsl.edu.

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“Law and the Emotions: New Directions in Scholarship”

U.C. Berkeley Law School (Boalt Hall), February 8th and 9th, 2007.

 

Sponsored by Boalt Hall Law School, DePaul Law School, The Gruter Institute for Law and Behavioral Research, The Vanderbilt Law School Law and Human Behavior Program, and The U.C. Berkeley Center for the Study of Law and Society.

 

Recent work in the still-emerging field of law and emotion has moved well beyond the initial debates about reason and emotion, into diverse and exciting areas of interdisciplinary study. Some scholars have continued the investigations, in philosophy and psychology, for example, that helped establish the field. Others are doing important new work in other disciplines, including cognitive neuroscience, evolutionary biology, and the sociology of emotion. Early focal points, such as criminal law and courtroom practice, have been supplemented by a much broader range of inquiry. However, scholars pursuing these nascent directions often have little exposure to work in related areas. This conference aims to facilitate the interdisciplinary connections and collaborations that are vital for the continued development of the field.

 

The conference will commence on Thursday, February 8th at 4 PM and end on Friday, February 9th at 5 PM. Panels include:

 

Law, the Mind Sciences, and Emotions. This panel will view emotion and its implications for law through the lens of neuroscience, cognitive and social psychology, and behavioral biology.

 

Law and Emotion in Action. This panel will explore emotions as affective responses developed in institutional and collective contexts, and institutions (such as the jury, the workplace, and the social welfare system) as entities that both shape and are shaped by emotion.

 

Theorizing Law and the Emotions. This will be a roundtable devoted to reflections on the varied ways in which law is capable of engaging the emotions, for example, by acting on emotions, moderating or channeling them, scripting them, or helping them come into being.

 

New Directions in Scholarship on Law and the Emotions. This panel will consist of a series of short presentations showcasing exciting new approaches to the analysis of law and emotion.

 

Keynote Speakers: Arlie Hochschild and Dacher Keltner

 

Confirmed speakers: Kathy Abrams, Susan Bandes, Jeremy Blumenthal, Devon Carbado, Cheshire Calhoun, Laurel Fletcher, Angela Harris, Oliver Goodenough, Peter Huang, Owen Jones, Dan Kahan, Hila Keren, Sharon Krause, Terry Maroney, Elizabeth Phelps, Jeffrey Rachlinski, Carol Sanger, Susan Silbey, Elizabeth V. Spelman, and Robin West.

 

Organizers: Kathy Abrams (Boalt Hall Law School); Susan Bandes (DePaul Law School); Hila Keren (Hebrew University of Jerusalem Law School) and Terry Maroney (Vanderbilt Law School).

 

To register and for further information visit http://www.law.berkeley.edu/institutes/csls/lawemotion_conference

or contact Debra Krauss at dkrauss@law.berkeley.edu


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It’s Okay to Read Porn But Not To Appear Naked in Playboy?

That would be one conclusion to draw from this Yahoo News article:

Sergeant in trouble for Playboy spread

An Air Force staff sergeant who posed nude for Playboy magazine has been relieved of her duties while the military investigates, officials said Thursday.

In February’s issue, hitting newsstands this week, Michelle Manhart is photographed in uniform yelling and holding weapons under the headline “Tough Love.” The following pages show her partially clothed, wearing her dog tags while working out, as well as completely nude.

“This staff sergeant’s alleged action does not meet the high standards we expect of our airmen, nor does it comply with the Air Force’s core values of integrity, service before self, and excellence in all we do,” Oscar Balladares, spokesman for Lackland Air Force Base, said in a statement.

Manhart told Playboy that she considers herself as standing up for her rights.

“Of what I did, nothing is wrong, so I didn’t anticipate anything, of course,” Manhart, 30, told The Associated Press. “I didn’t do anything wrong, so I didn’t think it would be a major issue.”

Manhart, who is married with two children, joined the Air Force in 1994, spending time in Kuwait in 2002. She trains airmen at Lackland.

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Biden’s Plan to Fight Domestic Violence

Women’s eNews reports that Senator and Presidential-hopeful Joseph Biden plans to introduce bills in the spring to continue his work against domestic violence. (Biden was the author of the Violence Against Women Act of 1994.)

Two key parts of his bills would 1) create a network of 100,000 lawyer volunteers to work for victims of domestic violence and 2) help pay back the loans of lawyers who represent indigent domestic violence victims in at least half of their caseload. He estimates the bill would cost a modest $20 million per year for the loan forgiveness and about $8 million to do the initial set-up for the network of volunteers.

That sounds eminently reasonable for such a worthwhile effort to get more representation for domestic violence victims.

– David S. Cohen

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I Need To Remember To Be This Senior Colleague

From See Jane Compute:

Recently, a senior woman colleague of mine, someone who I know but don’t know well, stepped up and went out of her way to protect my time by getting me out of a time-consuming service task. Even though it put her in somewhat of a bind and left her scrambling somewhat.

I am so very grateful to this colleague. For protecting the time of a junior faculty person. For helping out someone who’s not even in her department. For seeing potentially problematic things in this situation that I was not able to see. And for just doing something really, really nice.

Thank you, Senior Colleague.

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Revisions

Here is the text of a post from the blog “Life, Law and Gender” that was entitled: “A tremendous honor”:

In a completely unexpected email, Catharine MacKinnon just asked me if I would consider working for her for a few weeks next month to help integrate the topic of transsexuality into the second edition of her highly regarded textbook, Sex Equality.

I am totally honored that she would ask me and, of course, I will do so.   Her text is so widely used that bringing the issue of transgenderism into it in a meaningful way has the great potential to influence the learning of many feminist minded students.

Denise, the blogger who wrote these words, just graduated from law school, and will no doubt accomplish great things.

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New Ella Fitzgerald Postage Stamp

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Story here that starts out with this cringe-inducing pun: “The lady is a stamp!”

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“There is widespread poverty. We have to sell off our children to survive. We are not proud of it, but we have to do it.”

Those are the final sentences of this article, entitled “Starving Afghans sell girls of eight as brides.” Below is an excerpt:

Azizgul is 10 years old, from the village of Houscha in western Afghanistan. This year the wheat crop failed again following a devastating drought. Her family was hungry. So, a little before Christmas, Azizgul’s mother ‘sold’ her to be married to a 13-year-old boy.

‘I need to sell my daughters because of the drought,’ said her mother Sahatgul, 30. ‘We don’t have enough food and the bride price will enable us to buy food. Three months ago my 15-year-old daughter married.

‘We were not so desperate before. Now I have to marry them younger. And all five of them will have to get married if the drought becomes worse. The bride price is 200,000 afghanis [ £2,000]. His father came to our house to arrange it. The boy pays in instalments. First he paid us 5,000 afghanis, which I used to buy food.’

Azizgul is not unique. Hers is one of a number of interviews and case studies collected by the charity Christian Aid – all of them young girls sold by their families to cope with the second ruinous drought to hit Afghanistan within three years.

While the world has focused on the war against the Taliban, the suffering of the drought-stricken villagers, almost 2.5 million of them, has largely gone unnoticed. And where once droughts would afflict Afganistan once every couple of decades, this drought has come hard on the heels of the last one, from which the villagers were barely able to recover.

While prohibited by both Afghan civil and Islamic law, arranged marriages have long been a feature of Afghan life, particularly in rural areas. What is unusual is the age of some of the girls. And the reason: to buy food to survive. …

Via the Dees Diversion.

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Elizabeth Rose Schiltz “Motherhood and the Mission: What Catholic Law Schools Could Learn from Harvard about Women”

Here is the abstract:

This article argues that Catholic law schools have compelling reasons to pay close attention to a largely ignored part of the controversial speech given last year by the President of Harvard University, Lawrence H. Summers, about the persistent under-representation of women on university faculties. While the press accounts of this talk focused on his speculation that there might be innate differences in aptitudes of men and women in science and math, Summers argued that a more significant cause of the under-representation of women might be the clash between the demands of high-powered jobs and the demands of family life. This article summarizes the data supporting Summer’s speculation, and argues that the teachings of the Catholic Church give Catholic law schools a special responsibility to implement workplace reforms that accommodate faculty members who have children.

Despite popular characterizations of the Catholic Church as hostile toward feminism, careful analysis of the Church’s teachings on the family and women reveals a consistent record of support for many significant items on secular feminist platforms. In particular, there is a profound convergence of Church teachings, on the one hand, and writings of a strand of feminism known as care feminism or relational feminism, on the other hand, around the need for a social revaluation of the largely unpaid, largely female, work of caring for family members. Less commonly acknowledged, though, is the convergence between Church and feminist arguments for restructuring the workplace to accommodate women who are mothers. This article describes the relevant Church teachings and their convergence with feminist arguments.

Recent research demonstrates that motherhood, rather than gender, is the most significant barrier to career advancement by women in the United States, including women in academia. This article summarizes that research, and analyzes faculty composition data for Catholic law schools over the past four years. The data demonstrates that gender ratios of Catholic law schools are essentially identical to those of other law schools. However, the special charge to Catholic universities set forth in Ex Corde Ecclesiae, The Apostolic Constitution on Catholic Universities – to be both the intellectual vehicle by which Catholic ideals are brought to bear on the pressing problems of our time and a practical model for an institution structured around these same Catholic ideals – demands that Catholic universities seriously consider proposals for restructuring the academic workplace to accommodate motherhood.

The article can be downloaded here.

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How Secure Is Your Wi-Fi Connection?

Not very, according to David Pogue.

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Apartment Identity Theft

Read “Web of Lies” by Beth Ann Bovino at Three Quarks Daily.

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Sex Workers Speak

According to this BBC News article: “Prostitutes from across the world have been writing to the BBC News website about their lives following the murders of five prostitutes in eastern England.” Below are two excerpts:

I work as a part-time prostitute in Kuala Lumpur.

Over here, we have to engage our services through an agent, whose contacts include 5-star hotels.

We are often kept in the hotel itself and sometimes abused if we do not comply with our customers’ needs. Malaysia is a Muslim country and there’s no room for any complaints. There’s no safety or precautionary checks by the health authorities and furthermore we are strictly told to perform oral sex without condoms.

****

In Los Angeles I operated massage parlours, escort services, rap studios and dance studios which in realistic terms are pseudonyms for brothels.

Only a small percentage of working girls were addicted to drugs or victimised by violence.

The businesses operate under pseudonyms because prostitution is illegal in California.

However, a large percentage of clients were a cross-section of lawyers, city administrators, law enforcement officers and businessmen.

It is ironic that the people who use the services and benefit from prostitution are the same people in the USA that beat the drum against prostitution.

Read the entire article here. Note also that there are related stories in the sidebar. Via Sparkle*Matrix.

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Sounds Disgusting But Is Actually Quite Delicious

This recipe is an old favorite, great for dairy-eating vegetarians, and carnivores often like it too:

Bulgur With Everything

You need:
large onion, coarsely chopped
3 tablespoons oil
1 cup (about 1/2 pound) fine bulgur (cracked wheat)
28- or 29-ounce can of stewed tomatoes
1 teaspoon dried oregano
1 cup dry curd (or skim milk) cottage cheese
1 12-ounce can whole kernel corn
Salt and freshly ground black pepper to taste
1 cup coarsely shredded, tightly packed cheddar cheese.

1. Heat oil in large skillet; add onion and saute over medium heat until onion begins to take on color and soften.

2. Add bulgur and stir to coat well. Add tomatoes and liquid from can, breaking tomatoes as you put them in skillet. Add oregano. Stir. Reduce heat, cover and simmer about 15 minutes, until bulgur is almost tender.

3. Stir in cottage cheese. Drain liquid from corn and stir in. Season with salt and pepper. Sprinkle with cheese.

4. Run under broiler to melt cheese and brown a little.

Yield: 3 or 4 servings.

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The Perfect First Day of Classes Post

Written by Dr. Crazy of Reassigned Time, and reposted in its entirety, because what academic isn’t huge fan of copyright’s fair use doctrine?

On the Somewhat Belated Arrival of Enthusiasm

For yes, my friends, it has arrived! Sure, it took its sweet time in arriving, and no, this doesn’t mean that I’m all of a sudden filled with Stepford-wife-like serenity about everything, but I woke up this morning feeling… well, excited. This puts me in a much better mood about the prospect of my day, even if my day promises to be kind of crap-filled. And really – why dread the first day, no matter what class(es) one is teaching? I mean, all you really do is introduce yourself and go over the syllabus…. I should save up my angst about teaching for the much greater trials that I will face throughout the course of the semester.

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“Babes Against Bush” Website No Longer Operative

Does this make you feel empowered?

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Or does it make you want to pull your hair out? Three years ago I was a subscriber to The Nation, which maintains a blog called ActNow!. Then in December of 2003, I read this post there and I wondered yet again whether or not I was a liberal. Here is an excerpt:

Thirteen beautiful women versus one hideous president.

Babes Against Bush is taking protest politics in an unlikely direction. A new group from southeastern Michigan, B.A.B. is looking to attract attention to a cause–unseating George W. Bush in 2004–and hoping to spur more people to take notice of some basic facts about the Bush Administration by using the venerable, politically incorrect vehicle of the “pinup girl” as the medium for its message.

Why? “Because hot chicks hate him too.”

“What could be more un-American than that election-hijacking, economy-wrecking, war-mongering chimp George W. Bush?” the group asks on its website. “What could be more All-American than thirteen beautiful young women, exercising their first amendment right to thumb their nose at our bozo president?”

The result is the Official Babes Against Bush Regime Change Calendar, which counts off the number of days remaining until “the moving vans pull up to the White House.” Lavishly produced in glossy color, each of the thirteen months’ pages feature one anti-Bush babe as well as well-informed facts and figures detailing the failures and lies of the Bush Administration.

It’s only $11.00! Click here to buy a copy.

I didn’t renew my subscription, despite the fact that this periodical publishes some excellent op-eds. The women writing there are fantastic, but there are still so few of them. And Peter “Babes Against Bush” Rothberg is still in control of ActNow!, though I note that “Babes Against Bush” itself is no longer operative online.

–Ann Bartow

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“Against Phalloblogocentrism”

That’s the title of this article at Inside Higher Ed by Scott McLemee. Via Discourse.net.

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The Pembroke Center Associate’s Newsletter is Now Online

The Winter 2007 issue is accessible here. The Pembroke Center’s homepage is here.

Via Joan Heminway

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“Today at The Women’s Media Center: Progressive Women and the Pelosi Strategy”

From an e-mail:

“When the House reconvenes tomorrow, legislators will turn their attention to a critical part of the new Speaker’s 100 hours agenda: implementing the recommendations of the 9/11 commission. But in her on scene commentary from the Hill, Gloria Feldt finds no matter how huge the scope of the issues, Nancy Pelosi is likely savvy enough to recognize a key constituency as her most important asset: progressive women. WMC board member and author Feldt interviews newly elected women in the chamber who explain why the Pelosi influence will extend to would-be female office holders and how the history making Speaker is already positioning women to make a difference in the House. Feldt’s exclusive commentary…today at www.womensmediacenter.com

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The “Ashley Treatment”

A BBC account is here, below is an excerpt:

Parents of a severely disabled girl in the US have revealed that they are keeping her child-sized in order to give her a better life.

The nine-year-old, named Ashley, has the mental ability of a three-month-old baby and cannot walk or talk.

Along with hormone doses to limit her growth, Ashley’s parents also opted for surgery to block breast growth and had her uterus and appendix removed.

They say the treatment will help to improve her quality of life.

Ashley’s parents, Seattle residents who have not given their names, went public over their daughter’s treatment in a blog launched on 1 January.

Their decision came after information about Ashley’s case was published in a US medical journal last year, triggering considerable debate and criticism.

Sour Duck has a list of links to blogs that offer commentary by feminists.

Ashley’s parents’ blog is accessible here.

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2007 SILBERMAN SEMINAR FOR LAW FACULTY: “The Impact and Legacy of the Holocaust on the Law” June 4-15, 2007

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Application deadline: February 16

“The Center for Advanced Holocaust Studies of the United States Holocaust Memorial Museum announces the 2007 Silberman Seminar for U.S. law faculty teaching or preparing to teach courses on constitutional and international law and related legal fields, who endeavor to draw lessons from or develop themes based on the Holocaust and other genocides. The objective of the 2007 Silberman Seminar is to strengthen participants’ knowledge of the impact of the Holocaust on the development of domestic and international law.

“The Silberman Seminar will consist of presentations that analyze Holocaust-era legal developments, and-through case-studies and comparisons with post-1945 legal developments-assess their impact on contemporary law. Topics will include the co-opting and corrupting of the German legal system during the Holocaust; the independence of the judiciary and judicial ethics; minority rights; property, reparations, and restitution issues; domestic legal actions against perpetrators, including denaturalization, deportation, and lustration; the Nuremberg International Military Tribunal and subsequent national and international trials; continuity and change since 1945 in international human rights law and international criminal law, including peremptory norms and state and diplomatic immunities; transitional justice today; hate speech prohibitions; and genocide denial and the law.”

More information here. Via The Legal History Blog.

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“Project Implicit”

Here you will have the opportunity to assess your conscious and unconscious preferences for over 90 different topics ranging from pets to political issues, ethnic groups to sports teams, and entertainers to styles of music. At the same time, you will be assisting psychological research on thoughts and feelings.”

Background information:

Project Implicit represents a collaborative research effort between researchers at Harvard University, the University of Virginia, and University of Washington. While the particular purposes of each study vary considerably, most studies available at Project Implicit examine thoughts and feelings that exist either outside of conscious awareness or outside of conscious control. The primary goals of Project Implicit are to provide a safe, secure, and well-designed virtual environment to investigate psychological issues and, at the same time, provide visitors and participants with an experience that is both educational and engaging.

Please feel free to explore the informational pages at this website and at our demonstration website before deciding whether to register at Project Implicit. If you are interested in participating in research at Project Implicit, registration is easy and you will instantly qualify to participate in numerous studies available in our databases. Most sessions require 10-15 minutes to complete. You are welcome to participate in as many studies as you wish. Each time you login, you will be provided information about the next study so that you can make an informed decision about participation. There are no fees, no advertisements, and no obligations to you for participating at Project Implicit. This site is for educational and research purposes only.

For more background information about this research visit our demonstration website. And, for information about Project Implicit more generally, visit our information website.

Via I Blame the Patriarchy.

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Despite the Party Shift, The Plurality Religion of Congress Remains Catholicism

According to this article:

The new Congress will, for the first time, include a Muslim, two Buddhists, more Jews than Episcopalians and the highest-ranking Mormon in congressional history.Roman Catholics remain the largest single faith group in Congress, accounting for 29 percent of all members of the House and Senate, followed by Baptists, Methodists, Presbyterians, Jews and Episcopalians.

While Catholics in Congress are Democrats by a ratio of nearly 2-to-1, the most lopsidedly Democratic groups are Jews and those not affiliated with any religion. Of the 43 Jewish members of Congress, there is only one Jewish Republican in the House, and there are two in the Senate. The six religiously unaffiliated members of the House are all Democrats.

The most Republican groups are the small band of Christian Scientists in the House (all five are Republican) and members of the Church of Jesus Christ of Latter-day Saints (12 Republicans and three Democrats) : though the top-ranking Mormon in the history of Congress will be Nevada Sen. Harry Reid, the new Democratic majority leader.

Baptists divide along partisan lines defined by race. Black Baptists, like all black members of Congress, are Democrats, while most white Baptists are Republicans, though there are such notable exceptions as incoming House Majority Leader Steny Hoyer, D-Md., and Sen. Robert Byrd, D-W.Va. Byrd, first elected in 1958 when white Baptist Democrats were commonplace, will serve as president pro tem in the new Senate, making him third in succession to the presidency after the vice president and speaker of the House.

Because 2006 was such a good year for Democrats, they have regained their commanding advantage among Catholics, which had slipped during an era of GOP dominance. In Pennsylvania, five new Democrats, all Catholics, were elected to Congress in November, including Bob Casey, who defeated Sen. Rick Santorum, a far more conservative Catholic.

The same was true last term. Meanwhile, a majority of Supreme Court Justices are Catholic; and one website asserts that as of 2005 there were 22 state Governors who were Catholic as well, but that data clearly needs updating.

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Will “Macho Dems” Protect Reproductive Freedoms?

The NYT’s latest “week in review” column is entitled “The Invasion of the Alpha Male Democrat.” Here is one chilling excerpt:

“Presidential politics, but also the rest of national political leadership, has a lot to do with the understandable desire of voters for leadership, strength, clarity and sureness,”says Jim Jordan, John Kerry’s first presidential campaign manager.”Frankly, in the post-Vietnam era, Democrats have come up short by those measures too frequently.”

Adds the Democratic strategist James Carville,”The fact that the party has come across as less : I don’t want to say less masculine : but certainly less aggressive than Republicans, is true.”

But there may be serious risks for the Democrats’ embrace of an electoral philosophy based less on bold ideas than on bold biography. For one, the Macho Dem strategy is inherently pro-male. And Democrats have historically relied on a gender gap advantage : with women. If they tilt in the other direction, does that gap disappear?

As Tom Edsall recently pointed out in a guest column on The New York Times Op-Ed page, despite Ms. Pelosi’s historic ascension, 2006 was a bad year for Democratic women. Nine of the party’s top 11 male House candidates won, while only 1 of the organization’s top 11 female candidates prevailed.

It’s a paradoxical conclusion to an election that was followed by Ms. Pelosi’s ascension to speaker and Hillary Clinton’s dominance of presidential political predictions. Just as these female faces are solidifying the perception of the Democrats as the party of women : the gender gap still exists : the Macho Dems are adding a dash of testosterone, which could add some cultural frisson to the party.

Sure, some Macho Dems express support for, say, abortion rights but one gets the sense that ensuring Roe’s preservation may not be one of their highest priorities in coming to the Senate. It’s hard to imagine them at the next Emily’s List fund-raiser.

More evidence of a looming sell out on this issue?

–Ann Bartow

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Firsts!

Columbia, SC got its first female fire marshal in Carmen Floyd, and oh yeah, Nancy Pelosi became the first female Speaker of the House of Representatives.

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New On-Line Forum on Gender & Legal Education/Profession

We received this e-mail notice of a new on-line community concerned with gender issues in legal education and the legal profession:

This past year, a group of women from law schools across the country met to discuss gender issues both at law school and in the legal profession.   This conversation led to the idea to start an online community that law students and professionals across the country could use to explore and receive information about the state of women in the profession.   At this time, the website, entitled Ms. JD, is ready to emerge as the only online forum of its kind.

Ms. JD is poised to unite female law students and professionals, and we would like to invite students from your school to join our efforts to promote gender equality in law school and the legal profession.   If you are interested in interviewing women legal professionals, writing about your own experience in law school, or assisting Ms. JD to gather content and promote its agenda of increasing the representation of women in law, then we invite you to visit our website, ms-jd.org, to learn more about us, or to contact outreach@ms-jd.org for more information.   In addition, Ms. JD and Yale Law Women are hosting a launch conference for Ms. JD on March 31 at Yale Law School entitled “Legally Female.”   More information about the conference is available at legallyfemale.org.   We hope that many of you will be able to attend!   The Ms. JD Board of Directors.

-Posted by Bridget Crawford

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Feminist Law Prof Dinner Tomorrow

If you are here at the AALS and want details, leave me a note!

–Ann Bartow

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Bittersweet Change of Position

Recalling Justice Powell’s famous recantation of his vote in Bowers v. Hardwick, former chairman of the Joint Chief of Staffs under President Clinton John M. Shalikashvili has changed his position on gays and lesbians in the military. He now says that the “don’t ask don’t tell” policy should be abandoned and gays and lesbians should be able to serve freely.

I find recantations like Shalikashvili’s and Powell’s entirely bittersweet. Yes, it’s great that someone of public import speaks out on such an important topic in a now-enlightened way, but it doesn’t take away the sting of the damage they did when they actually were in positions of power.

– David S. Cohen

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Good Links

“A Feminist Pet Peeve: The Hairy Armpit Wars” at Echidne of the Snakes

“For PW: A Primer on Feminism” at Mad, Melancholic Feminista

“The Disgraces of Privatized Memory” at Is That Legal?

“New Year’s Resolutions from the Middle East” at Blackprof; see also “Black Fathers: Deadbeat or Deadbroke”

“A quizzical regairding sex…” at Angry Black Bitch

“Is “Apocalypto” Pornography?” at Archaeology

“Why Southern Rural Poverty Matters” at United for a Fair Economy

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“Literally, A Weblog”

An English language grammar blog tracking abuse of the word”literally.” Here is a sample post:

literally turned our backs

September 2nd, 2006 by Fitz

Brian Rush writes:

A Central Valley town rekindles a love affair with its river
“As a city, we literally turned our backs to the river for a long time,”says Doni Greenberg, a columnist for the Redding Record Searchlight.”But now we’re recognizing it for the recreational gem it is.

I can just imagine the population of Redding standing on the banks of the river with their backs to it.

Via the “blog” of “unnecessary” quotation marks, which is pretty funny too.

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Ugh

Is the cheerleader costume really necessary?

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Subverting the Dominant Fortune Cookie Paradigm?

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Via The Cheerful Oncologist.

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Nope, Nothing Phallic Here

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Warmest Wishes for 2007!

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Call for Proposals: Berkshire Conference on the History of Women

Fourteenth Berkshire Conference on the History of Women
Continuities and Changes
June 12-15, 2008 – Conference Homepage

CALL FOR PAPERS

The 14th Berkshire Conference on the History of Women, “Continuities and Changes” will be held June 12-15, 2008, at the University of Minnesota in Minneapolis, MN, USA. The theme points us to perennial historical issues in two ways. First, after the past forty years of pathbreaking and creative scholarship, is women’s history characterized by deep continuities over the very long term, or can we identify sharp turning points? What are the appropriate markers for change in women’s history? Is a traditional timeline of history, periodized by political regimes and cultural revolutions, useful for understanding women’s lives? Or should women’s historians propose a new periodization for human history? A second dimension of our theme looks to the continuities and changes of our interpretations of women’s history: how has the field changed? What (if any) have been persistent themes, issues or interpretations? How has interdisciplinary scholarship shaped women’s history, and how has women’s history contributed to discussions in other fields? What issues, challenges, and opportunities are posed by public history or classroom (at any level) audiences?

The Program Committee welcomes proposals from scholars who attempt to evaluate their research in light of these broader questions. We encourage submissions in all historical fields, geographical and temporal: our theme will best be addressed by ensuring our conversation covers the widest possible intellectual territory. We also welcome submissions that address sources and methodology, and panels that are broadly comparative in both time and place. We invite proposals for a variety of formats: two-paper or three-paper panels, roundtables, and workshops, as well as applications to participate in seminars. Individual paper proposals are also accepted. Funding may be available for some international panelists.

Paper proposals and applications to participate in seminars are due by midnight, February 1, 2007.

Via Mary Dudziak at the Legal History Blog.

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Sanctimony and Sex Work

From the blog “Sex Ed in Higher Ed” where a college human sexuality instructor writes:

This semester, I had another former sex worker come talk to my class. Let’s call her Lauren. She was very different from Kiki. Polished. Articulate. Totally mini-van-driving soccer-mom looking young woman. Currently wrapping up her master’s degree in epidemiology. In order to work her way through an expensive private college, she was a call girl for two yeas. She was neither ashamed nor apologetic. Actually, she was more interested in educating my students about sex workers in other countries in the world. Lauren was also very knowledgeable about the difference between making sex work legal and “decriminalizing” it. Then she spoke about sex workers’ unions and told us that in countries where sex workers are unionized and have health benefits, rates of HIV/AIDS and other STIs (in the entire population, not just among sex workers) are significantly lower than countries where sex workers are not unionized.

And guess what? My (female) students hated her. After she left, the room became a sea of waving hands. A quote: “She was not at all ashamed of herself! And she’s crazy if she thinks she’s going to get me to feel sorry for her!” Luckily, for me, another student raised her hand. “I don’t think Lauren was trying to get us to feel sorry for her; I think she was just trying to explain that sex workers need insurance just like anybody else.” Then another (very dear) student said quietly, “I guess if she would have seemed more embarrassed or said she was sorry, I might have been able to like her. But she just wasn’t sorry at all!” That was the consensus – at least from the female students – the men were conspicuously quiet. It’s okay to come to a class and talk about being a former sex worker as long as you cry and thank the Lord and act ashamed and sorry. So last week, I was reading papers about students’ reactions to Lauren, and the same female student who made the first comment about Lauren not being ashamed of herself wrote, “This lady should have gotten a REAL JOB and not tried to take the easy way out! I have a full-time job at a restaurant, and I have a car and I work hard so I can go to school. THAT’S what she should have done.” Here’s why I had to ask, “What the hell is wrong with people?” (And my answer was, honestly, I hope it’s just that she’s 20. When I was 20, I was judgmental and sanctimonious as all hell. I pray she grows out of it.)

Via Daily Harold.

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“Indexed”

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“Indexed” is for “think[ing] a little more relationally without resorting to doing actual math.”

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Now I’ve seen everything!

“Housework cuts breast cancer risk”

The headline could of course have put a different spin on the finding that “moderate forms of physical activity, such as housework, may be more important than less frequent but more intense recreational physical activity in reducing breast cancer risk.”

–Stephanie Farrior

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New DOJ Statistics Re: Intimate Partner Violence in the U.S.

Available here. Via Feministing.

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Judge Dierker At Work

Here is a newspaper account of how this judge ruled in a sexual harassment case:

“From Anita Hill to Monica Lewinsky, the cry of ‘sexual harassment’ has been selectively raised to advance certain groups’ political agendas under the guise of promoting equal opportunity in the workplace, or under the banner of ‘equality’ in academe,” the opening paragraph of Dierker’s order reads, citing chapter and verse from Slouching Towards Gomorrah, a book written by failed Supreme Court nominee and ultraconservative Robert Bork.

“Spawned in the protean atmosphere of federal employment discrimination litigation … the theories of the ‘sexual harassment’ police have stretched their tentacles from college facilities to Supreme Court confirmation hearings to legal and judicial ethics … and now seek to ensnare the common law of torts,” Dierker continues. “The Court concludes that the common law does not enact Cardinal Newman’s definition of a gentleman, nor Catherine (sic) MacKinnon’s vapid maunderings, and that Plaintiff’s petition at present fails to state a claim.”

Dierker moves on to the two counts filed by the woman: Count I, alleging “intentional infliction of emotional distress;” and Count II, which “alleges the same facts, but attempts to state a claim for negligent infliction of emotional distress.”

According to law, Dierker states, intentional infliction of emotional distress must contain the following elements: “defendant acted intentionally or recklessly; defendant’s conduct was extreme and outrageous; the conduct caused severe emotional distress; and the conduct was intended only to cause extreme emotional distress to the victim.”

Dierker states: “Indeed, as pleaded, the facts alleged at most show that Defendant was seeking to gratify his own sexual urges despite rejection by Plaintiff.

” ….it seems clear that, except for the denizens of the cloud-cuckoo-land of radical feminism, no court has held that sexual advances are ipso facto actionable. More is required to establish a tort than a rejected advance.”

“The pleaded facts must show outrageous conduct, i.e., conduct which is regarded as atrocious and utterly intolerable in a civilized society,” Dierker continues. “Mere solicitation to begin, or renew, a sexual relationship is not such conduct. There must be more.” In essence, says the judge, the doctor was not intentionally trying to inflict emotional harm but simply seeking sex.

Dierker’s account of this case is here. Below is an excerpt:

In Missouri, judges are subject to investigation and discipline through a body known as the Commission on Retirement, Removal, and Discipline. Unbeknownst to me, liberal Democratic governor Mel Carnahan had appointed virulent radical feminists (or”femifascists”) to that body, women who openly expressed contempt for men and pressured judicial nominating commissions charged with selecting judges to discriminate against men. The femifascists thus had an ideal forum in which to mount their secret attack.

Some months after filing my opinion in the harassment case, the Discipline Commission notified me that someone had filed a complaint alleging that my opinion showed”preconceived bias against women, female lawyers, or sexual harassment suits.”Under Missouri rules, I was not allowed to see the complaint itself or to know who filed it.

Although I can honestly say that I did not react to the complaint with the frenzied groveling of, say, Harvard president Larry Summers after he foolishly speculated about differences in scientific ability between men and women,1 I confess that I did beat a retreat of sorts. Perhaps it was weariness after two grueling years as chief judge of my circuit (elected unanimously, I might add, by a highly”diverse”court), perhaps it was fear or shock at the use of this weapon against me, but I simply wanted the matter put to rest. So in my response to the Commission, I acknowledged the polemics and promised that I would use more care in expressing myself in the future (self-censorship?). In the end, the Commission did nothing but send me a”reminder”to avoid language that”might”give rise to an”appearance”of bias in performing my official duties. (For the sake of full disclosure, I also include this correspondence in the appendix.)

In retrospect, I should have been prepared to sue the Discipline Commission to vindicate the absolute right of judges to express their views in their opinions. After all, don’t judges have the right and duty to”say what the law is”? If they can’t say what they think, what happens to judicial independence?

I’m looking for more information about it. Meanwhile, here is the Lexis summary of Dierker’s affirmed ruling in Reed v. Kelly, 37 S.W.3d 274 (E.D. Mo. 2000):

Plaintiff brought respondeat superior, negligent hiring, negligent retention, and negligent supervision claims against defendant, an employer at building she was visiting, after an employee escorted plaintiff into a private room where he sexually touched her and exposed himself to her. The trial court entered summary judgment for defendant on each of these counts and plaintiff appealed. The court found that because the trial court’s decision was based on a conclusion that defendant was entitled to judgment as a matter of law even if defendant knew of the employee’s prior incidents, whether defendant conducted a reasonable investigation to learn of these incidents was not a dispute that affected the outcome of the case. There was no nexus between the employee’s slapping his wife and his fistfight with a co-employee and his commission of sexual offenses on a stranger. Thus, there was no proximate cause necessary for the negligent hiring claim. Similarly, there was no proximate cause for a negligent supervision claim, as the sexual comment made by employee during his employment showed no propensity to commit the acts constituting the sexual assault.

–Ann Bartow

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Holiday Porn Spam Analyzed

By A Stormy Blog, here. Stormy writes:

…as a marketing type person, and a radfem, I thought I’d do a quick analysis of the content of pornie-spam. Looking at this spam (or anything promoted) through advertising eyes almost always reveals what the advertiser (or supplier) thinks of as the ‘best bits’ of his/her product. As porn is the product being promoted, what do these advertisers think of as the ‘best bits’? …

… Surprise, surprise, rape was mentioned in 30 of the 31 porn-spams. It may actually have been mentioned in the 31st, however, the WP-Akismet dashboard now only gives a truncated bit of the message.

What was surprising (ok, not really), but the spam messages that mentioned rape as their drawcard, usually mentioned it more than once. Only 2 of the 30 mentioned it once (assuming that in the full message they didn’t mention it more). The ‘winner’ of the truncated spams was a mention of rape NINE TIMES in the three-line extract.

So, the Number 1 draw of porn is… rape.

Read the whole post and check out the charts and graphs here.

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FWIW, this blog gets about 400 spammings daily, and the vast majority are usually porn related. I’ve been told “I bring this on myself” by periodically posting about porn. This doesn’t explain why my friends running (e.g.) knitting blogs get porn spam, unless there is something about yarn and needles that I’m missing.

–Ann Bartow

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The FTC v. “Word of Mouth” Astroturfers

According to this WaPo article:

The Federal Trade Commission yesterday said that companies engaging in word-of-mouth marketing, in which people are compensated to promote products to their peers, must disclose those relationships.

In a staff opinion issued yesterday, the consumer protection agency weighed in for the first time on the practice. Though no accurate figures exist on how much money advertisers spend on such marketing, it is quickly becoming a preferred method for reaching consumers who are skeptical of other forms of advertising.

Word-of-mouth marketing can take any form of peer-to-peer communication, such as a post on a Web blog, a MySpace.com page for a movie character, or the comments of a stranger on a bus.

As the practice has taken hold over the past several years, however, some advocacy groups have questioned whether marketers are using such tactics to dupe consumers into believing they are getting unbiased information.

The article also notes:

The FTC said it would investigate cases where there is a relationship between the endorser of a product and the seller that is not disclosed and could affect the endorsement. The FTC staff said it would go after violators on a case-by-case basis. Consequences could include a cease-and-desist order, fines and civil penalties ranging from thousands of dollars to millions of dollars. Engle said the agency had not brought any cases against word-of-mouth marketers.

Though the staff’s opinion fell short of Commercial Alert’s original request, the group’s executive director, Gary Ruskin, said he was pleased the staff agreed that word-of-mouth marketing could be deceptive.

“This letter tells marketers like Procter & Gamble that their ‘sponsored consumers’ must disclose that they are shilling, or they are probably in violation of the prohibition against deceptive advertising. That’s big,” he said. “It will change practices in the word-of-mouth marketing industry.”

Andy Sernovitz, chief executive of the Word of Mouth Marketing Association, said the FTC’s decision was an endorsement of the industry’s efforts to police itself. The Chicago-based association, which has more than 300 members, last year issued a code of ethics stating that marketers should disclose ties to sponsors.

The group has also tried to hold members accountable. Sernovitz said the group is reviewing the membership status of the Edelman public relations firm after Wal-Mart, one of the firm’s clients, reportedly gave positive comments to bloggers who then posted the comments without mentioning the source. Edelman later admitted that some of its employees had written the blogs.

Well, it’s a step in the correct direction, at least. I hope the astroturfing blogger “opinion shapers” are taking note, particularly those working for the porn industry. The relevant staff opinion letter is accessible here. It was written in response to this. Complaints can be filed with the FTC here.

–Ann Bartow

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