An Average of 3:1. “At The New Yorker, the ratio was four to one. At Harper’s, it was almost seven to one.”

At WomenTK.com, Ruth Konigsberg noted:

I started this website in the fall of 2005 because I’d been noticing a lack of female voices in what are supposed to be general-interest (and therefore gender-neutral) magazines. I wanted to find out if men were consistently getting published more than women, and if so, to quantify the disparity. Which magazines had the worst record of publishing women? Which had the best?

I picked the following five magazines to track: The Atlantic, Harper’s, The New York Times Magazine, The New Yorker, and Vanity Fair, the so-called”thought leaders”which also happen to identify themselves as general interest. (I omitted the newsweeklies because so much of the copy has multiple bylines.) Over the course of a year, the overall average shows that these magazines publish stories by male writers three times more often than they do stories by female writers, thereby supporting Ursula K. Le Guin’s hypothesis that”there is solid evidence for the fact that when women speak more than 30 percent of the time, men perceive them as dominating the conversation.”At The New Yorker, the ratio was four to one. At Harper’s, it was almost seven to one.

These numbers are particularly surprising considering how many women read these magazines. The New Yorker, for example, has an audience of 1,799,000 women and 1,710,000 men, according to a 2006 report by Mediamark Research Inc. The Atlantic’s current audience, Mediamark Research estimates, is 609,000 women and 747,000 men. At Vanity Fair, there are almost three times as many female readers as male readers. When asked to describe the typical reader of The New York Times Magazine, editor Gerald Marzorati replied,”I imagine my reader is a late-thirties-something woman, a lawyer or educator or businesswoman. She’s busy with work, and also with family matters, but Sunday morning is a time she’ll allow herself to read something that is not work related, or kids’ homework related. She wants to lose herself in a story, one big story:8,000, 9,000 words. My hunch is she wants to read not something escapist but something substantive:something that holds a mirror up to her own life or opens a window onto a pretty troubled world.”(NYT, 10/9/05) What’s more, research conducted by Time Inc. in 2005 showed a decline in the number of men reading magazines, while female readership held steady. (BusinessWeek Online, 11/07/05)

The numbers speak volumes, but they’re not the whole story. As a former editor at The New Yorker wrote me in an e-mail,”in addition to counting bylines, you should look at what women are allowed to write about. I’ve been struck by a pattern, at The Atlantic in particular, where women only seem to write about marriage, motherhood and nannies, obsessively so. If you count the number of women’s bylines there that weren’t about hearth and home, the number would approach zero.”And a current student at the Columbia Graduate School of Journalism also noted,”At The New Yorker, it seems as though many of the female bylines aren’t for hard-news-type stories. Women write about dance, or they write the short story, or a poem, or a profile of a fashion designer, or something. But the ‘heavy’ stories are left to the guys.”

Her data for “general interest” magazines is here.

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U.S. Military: “a system where there’s no intervention or punishment for sexual assault”

Commentary by Marie Tessier, via the Women’s Media Center:

… Until late last week, Brakey was the only woman to see her sexual assault allegations proceed to a court-martial from widely reported Air Force Academy revelations in 2003, though more than 100 women came forward to report assaults in the previous decade. The charges against Air Force Capt. Joseph J. Harding were dismissed Friday afternoon, however, following a long dispute over rape shield law. Harding attorney David Sheldon says delays in the case”did a disservice not only to Capt. Harding but also the administration of fair justice,”according to the Associated Press. Sheldon also represents one of the soldiers charged in the Iraqi case.

Not one person has been convicted of rape from the Air Force Academy reports, though a change of venue to a civilian court in Colorado remains possible in the Harding case. One cadet, still at the academy but his future uncertain, pleaded guilty to”indecent acts”and other military conduct offenses. His sentence: a reprimand and a $2,000 fine.

Three years after the public and Congress demanded reform, sexual assaults remain a persistent fact of life in the military, figures from the Pentagon’s Office of Sexual Assault Prevention and Response show.”The system facilitates the crime because it’s never punished,”says Wendy Murphy, a victim rights attorney who represents Jessica Brakey and her civilian therapist.”They have wanted her case to disappear since the beginning.”…

…”The numbers of sexual assaults being reported indicates that these individuals are not rogues,”says Christine Hansen, executive director of the Miles Foundation, a service and advocacy agency for victims of sexual and domestic violence related to the U.S. military.”These are men who utilized the training and tactics of the armed forces when they stalked this young woman and killed the family, and they were part of a system where there’s no intervention or punishment for sexual assault.”…

…”All of this starts with disrespect for women,”says Hansen, the victim advocate.”These guys never see a deterrent or a punishment that would require them to change their behavior.”

–Stephanie Farrior

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“Hidden victims of a brutal conflict: Iraq’s women”

The Observer (via the U.K. Guardian Unlimited) reported yesterday:

…Iraqis do not like to talk about it much, but there is an understanding of what is going on these days. If a young woman is abducted and murdered without a ransom demand, she has been kidnapped to be raped. Even those raped and released are not necessarily safe: the response of some families to finding that a woman has been raped has been to kill her.

Iraq’s women are living with a fear that is increasing in line with the numbers dying violently every month. They die for being a member of the wrong sect and for helping their fellow women. They die for doing jobs that the militants have decreed that they cannot do: for working in hospitals and ministries and universities. They are murdered, too, because they are the softest targets for Iraq’s criminal gangs.

Iraq’s women live in terror of speaking their opinions; of going out to work; or defying the strict new prohibitions on dress and behaviour applied across Iraq by Islamist militants, both Sunni and Shia. They live in fear of their husbands, too, as women’s rights have been undermined by the country’s postwar constitution that has taken power from the family courts and given it to clerics.

‘Women are being targeted more and more,’ said Umm Salam last week. Her husband was a university professor who was executed in 1991 under Saddam Hussein after the Shia uprising. She survived by running her family farm. When the Americans arrived she got involved in civic action, teaching illiterate women how to read and vote, independent from the influence of their husbands. She helped them fill in forms for benefits and set up a sewing workshop.

In doing so she put herself at mortal risk. And since the assassination attempt, like many women in Najaf, she has found it hard to work. Which is what the men in the white Opel wanted. To silence the women like Umm Salam, who is 42.

‘It is very difficult for women here. There is a lot of pressure on our personal freedoms. None of us feels that we can have an opinion on anything any more. If she does, she risks being killed.’

It is a story familiar to women across Iraq, betrayed by the country’s new constitution that guaranteed them a 25 per cent share of membership of the Council of Representatives. That guarantee has turned instead into a fig leaf hiding what women activists now call a ‘human rights catastrophe for Iraqi women’.

After a month-long investigation, The Observer has established that in almost every major area of human rights, women are being seriously discriminated against, in some cases seeing their conditions return to those of females in the Middle Ages. In areas such as the Shia militia stronghold of Sadr City in east Baghdad, women have been beaten for not wearing socks. Even the headscarf and juba – the ankle-length, flared coat that buttons to the collar – are not enough for the zealots. Some women have been threatened with death unless they wear the full abbaya, the black, all-encompassing veil. …

Read the entire depressing and frightening report here. Via Philbiblon. There hasn’t been a new post from Riverbend at Baghdad Burning since early August, which is worrisome, although the Feminist Press at CUNY has recently issued a second volume of her posts in book form.

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A Primer To Gender?

Over at Crooked Timber, Ingrid Robeyns asks:

Suppose you do research on gender issues in the social sciences (or practical/political/moral philosophy). It is quite likely that from time to time, or perhaps even often, you meet other scholars who are both sceptical and ignorant about the whole gender issue. They agree that there are sexual differences, but believe that all differences between men and women can be reduced to these sexual differences.

Suppose those sceptics ask you to give them one journal article, or one book chapter, that will give them a primer to gender. It should, thus, be an extremely good introduction to the concept and workings of gender, accessible to people who are intelligent, but have no background at all. They might perhaps later read a whole book, but right now they don’t want to waste more time on studying gender than the time to read one article. What should those people read?

The post has generated a number of answers so far, that can be read (or expanded upon, if one has the inclination) here.

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Anna Politkovskaya Has Been Murdered

politovskya.jpg
According to this NYT story:

Anna Politkovskaya, the veteran Russian journalist and author who made her name as a searing critic of the Kremlin and its policies in Chechnya, was found dead on Saturday in her apartment building, shot in the head with a pistol, the authorities and her colleagues said.

Ms. Politkovskaya, 48, was a journalist with few equals in Russia. She was a special correspondent for the Novaya Gazeta newspaper and had become one of the country’s most prominent human rights advocates.

In recent years, as the Russian news media faced intensifying pressure under the administration of President Vladimir V. Putin, she maintained her outspoken stance. And she became an international figure who often spoke abroad about a war she called”state versus group terrorism.”

She was a strident critic of Mr. Putin, whom she accused of stifling civil society and allowing a climate of official corruption and brutality.

She was found dead by a neighbor shortly after 5 p.m. A Makarov 9-millimeter pistol had been dropped at her side, the signature of a contract killing, Vitaly Yaroshevsky, the deputy editor of Novaya Gazeta, said in a telephone interview.

“We are certain that this is the horrible outcome of her journalistic activity,”he said.”No other versions are assumed.”

The entire article is here. Deepest sympathies to her family and friends. Read more about her life and career here and here and here.

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Meow?

Below is a post copied in its entirety (all three words of it) from Eschaton.   Make a quick guess about the gender of the person Atrios accuses of jealousy, then see if you are correct by clicking on the link:

Meow

Jealous much?

The post has generated almost 700 comments so far. Not all of them are revoltingly sexist, but many certainly are.

–Ann Bartow

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Part Two in the San Francisco Chronicle’s Series on Sex Trafficking: “A Youthful Mistake”

Read it here. Below is an excerpt:

The man was athletic, muscular. After showering, he led her to the bed and stretched out on his stomach. You Mi began massaging his shoulders.

Suddenly, he jumped off the bed, declared he didn’t need a massage and yanked off her white camisole.

He threw her to the mattress and forced himself on her, pulling her hair and twisting her small body in so many ways that she screamed in pain.

Then the man’s eyes went blank. He began choking her. She heard sounds of pleasure escape his throat. He seemed to be enjoying it.

The manager burst through the door. “What’s going on?” she shouted in Korean.

“Help me!” You Mi gasped.

The man released his grip. The manager turned her attention to the customer.

“I’m sorry she disappointed you,” she said, refunding his $50. A disgruntled john might tip off the police.

The man pocketed the money, turned and walked out the front door.

Of all the degradations You Mi endured while forced to work as a California sex slave in 2003, this was the worst. In an instant it became clear: Her life amounted to $50. The manager ordered her back to work.

After her attack, You Mi did the only thing she could think of to survive. She wiped away the tears and smiled for her next customer.

For nearly a year, You Mi was caught in a sex-trafficking triangle — starting in South Korea, one of the world’s leading importers and exporters of sex slaves, and stretching to the exploding Asian outcall market of Los Angeles and then to the Asian massage-parlor mecca on the West Coast: San Francisco.

She would be forced to have sex with dozens of men a week in seedy massage parlors, apartments and hotel rooms. She would live under the watchful eye of guards and surveillance cameras, reminded constantly that her family back in South Korea would be harmed if she ran.

Part one of the series is accessible here.

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Law Blogs

Henry Farrell at Crooked Timber put together a wiki on academic blogs. The list of Law Blogs is here, and Feminist Law Professors made it into the wiki listing. Via Bitch, Ph.D.

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Pictures and Words

thailand_600.jpg

Above is a photo that accompanies a NYT story entitled: “Thailand Tourists: ‘Coup? What Coup?'” The thesis of the article is that tourism is still thriving in Thailand, but the unsurprising subtext is that Thai tourists are sort of clueless and self-centered. Here is an excerpt from the article:

Coup? What coup? That seems to be the attitude among travelers and travel professionals as the recent political turmoil in Thailand appears to have had little or no effect on tourism there. After all, the embattled prime minister, who had led a grudgingly accepted social order campaign in 2001 that mandated a 1 a.m. closing time for most of Bangkok’s bars and nightclubs, was not very popular among the city’s residents.

In fact, when tanks rolled into Bangkok, Thais presented soldiers with flowers and candy, and many troops gladly posed for photographs with foreigners. In Phuket, unperturbed beachgoers sipped”coup cocktails”at beachside bars. And if the opening of a new international airport outside Bangkok on Sept. 28 is any indication, the provisional rulers seem intent on making sure that the tourism industry : which Thai officials say draws more than 11 million tourists a year : continues apace. The Associated Press has reported that the $3.8 billion, six-million-square-foot airport : meant to be the centerpiece of Mr. Thaksin’s political legacy : can handle 76 flights an hour and 45 million passengers a year.

Of course, there are some very real concerns. Critics worry about the temporary suspension of certain civil liberties around the country, in particular, curbs placed on public gatherings, political activity and the local news media. The United States State Department and ministries in other countries in Australia and Britain have encouraged travelers to exercise extra caution.

Tour operators and hotels, however, report few cancellations. Luxury-tour operators like Abercrombie & Kent and Cox & Kings, for instance, said that none of their clients had chosen to change their plans.

Seven people were quoted in the article, four travelers to Thailand and three people who work in the travel industry. Judging by their first names, six were men, including all four of the travelers. Yet who is that in the photo, visually representing touristic obliviousness?

–Ann Bartow

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The Yale Women’s Center’s “Gender, Career and Family” Report

Per this site:

In September 20th, 2005, the New York Times ran a front-page article (“Many Women at Elite Colleges Set Career Path to Motherhood,”) alleging that undergraduate women at elite colleges such as Yale plan to choose motherhood over their careers.   Dr. Victoria Brescoll and the Yale Women’s Center set out to test this claim with a comprehensive study.   Nearly a tenth of the student body (469 male and female undergraduates) participated.

Overall, the results of the study indicate that both women and men at Yale value career and family to the same extent.   However, women believe that they will encounter greater barriers to balancing career and family.   In short, men and women at Yale share the same life goals, but women believe that society will make it more difficult to achieve those goals.

The study’s findings include the following:

* A higher percentage of men than women plan on becoming a parent, and Yale men and women want roughly the same number of children

* Yale women plan to take more time off than Yale men after having children.   However, only 4.1% of Yale women plan to stop working entirely once they have children.   The large majority (71.8%) plan to take less than one year off from work.

*   Men and women are equally likely to continue to work full-time if their partner could financially support them.

*   Men and women are equally likely to continue to work full-time if they were able to get high-quality daycare for their children.

* Women are more likely than men to believe that if they work full-time, they will looked down upon.   In contrast, men are more likely women to believe that they stayed home full-time to care for their children, society will look down on them.   Thus, we see that Yale men and women believe that society will look down on them if they perform”out of role”behavior.  

* Both Yale men and women value career and family to the same extent.

* But, Yale women believe more strongly than Yale men that they will encounter barriers to work-family balance.   Yale women are more likely to believe that it will be difficult for them to work full-time, that they will have a hard time finding daycare, and that it will be hard to support their family on one salary.

Click here and scroll down for the complete results. Click here to read about the NYT article that inspired this survey.

–Ann Bartow

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The San Francisco Chronicle is publishing a series of investigative reports about sex trafficking

Part One is here. Below is an excerpt:

Many of San Francisco’s Asian massage parlors — long an established part of the city’s sexually permissive culture — have degenerated into something much more sinister: international sex slave shops.

Once limited to infamous locales such as Bombay and Bangkok, sex trafficking is now an $8 billion international business, with San Francisco among its largest commercial centers.

San Francisco’s liberal attitude toward sex, the city’s history of arresting prostitutes instead of pimps, and its large immigrant population have made it one of the top American cities for international sex traffickers to do business undetected, according to Donna Hughes, a national expert on sex trafficking at the University of Rhode Island.

“It makes me sick to my stomach,” said San Francisco Mayor Gavin Newsom. “Girls are being forced to come to this country, their families back home are threatened, and they are being raped repeatedly, over and over.”

Because sex trafficking is so far underground, the number of victims in the United States and worldwide is not known, and the statistics vary wildly.

The most often cited numbers come from the U.S. State Department, which estimates that 600,000 to 800,000 people are trafficked for forced labor and sex worldwide each year — and that 80 percent are women and girls. Most trafficked females, the department says, are exploited in commercial sex outlets.

Read the entire article here. Via Afaeyre Maede.

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Thanks For Not Sending Me Photos of Your Breasts!

While this blog got more porn spam than usual thanks to the even more prodigious than usual deployment of the word “boobies” (and the blog also seems to have won a number of international lotteries it didn’t even enter), the Anti-Boobie-Thon came to a wonderfully breastpixless close, so on Monday I’ll be mailing a check for at least $300 and possibly a bit more, to Breast Cancer Action, in honor of Twisty Faster. For more about other annoying approaches to breast cancer awareness, see “Show Us Your . . . Sexism” by Liz Losh at Sivacracy and this too.

I was in a shopping mall today, and passed a Victoria’s Secret, and in the store window there was a large fuchsia print advertisement which said: “From Wow to Wowee, the Victoria’s Secret Adjustable Cleavage Bra,” and just the thought of that made me wince.

–Ann Bartow

Update: As most but perhaps not all of you know, the “Anti-Boobie-Thon” was instigated in (negative) reaction to the “Fifth Annual Blogger Boobiethon for Breast Cancer,” the premise of which was that bloggers would send in photographs of their breasts, and the Boobiethon website would raise money by charging readers $50 to view these pictures. [NOTE: See comments for correction from Boobiethon organizer, who says in part: “We don’t charge $50 to see the photos. In fact, we charge absolutely nothing to see the photos in the main section of the site, which include survivors and tribute galleries. Rather we request a $50+ donation to the Susan G. Komen Foundation – directly to them, not through us – and with a copy of donor receipt plus tracking number, donors receive access to the uncovered portion of the site.”] Twisty’s critique was awesome, but I have recently encountered another one that also resonates with me at Threading Water called “Pink Porn“, my favorite paragraph of which follows:

And, for heaven’s sake, think twice about whether flashing a jpeg of your lovelies is the most appropriate way to raise money for this cause. Personally, I get a bit queasy thinking about someone paying fifty bucks to get a peek at mine, maybe even downloading them as a screen saver. What’s next? Can you imagine the companion website that raises money for cervical cancer?

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“Stand Against Women Stoned to Death You Apathetic Monsters”

Did that post title get your attention? It got mine too. The original post it graces is here. Blogger Ali Eteraz writes: “This is a call for action to do our small part in coming to the assistance of the women in Iran who have been sentenced to death by stoning.” He then lists a series of things that can be done to try to persuade the Iranian government not to carry out (or allow religious leaders to carry out) stoning sentences for “crimes against chastity.”

I cannot vouch for the accuracy or authenticity of the information, but I urge you to go here and evaluate for yourself and consider taking the recommended actions. Action #3 is as follows: “Spread word about this rally in Rome protesting the decisions by the Iranian government.” If you are lucky enough to be in Rome, the rally is tonight, please attend.

–Ann Bartow, via Feministing, which also links to a report by Amnesty International that seven women are currently at risk of execution by stoning in Iran right now.

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Robin Fretwell Wilson, “Don’t Let Divorce Off the Hook”

Congratulations to Robin Fretwell Wilson on her Op-Ed in the NYT that appeared October 1st! Here is an excerpt:

NEW YORK is one of the few states without unilateral no-fault divorce, which means that New York couples can get a no-fault divorce only by mutual agreement.

Judith Kaye, New York State’s chief judge, set out to change all that. Earlier this year, the matrimonial commission she formed recommended that the state enact full unilateral no-fault divorce. Judge Kaye highlighted the proposal in her annual address about the state of the judiciary, and the idea was promptly endorsed by the New York Bar Association and the Women’s Bar Association, as well as major newspapers.

Despite all that establishment grease, no-fault divorce promptly went nowhere. While a bill was introduced in Albany, the Legislature went home in June without negotiating or making any progress on the specifics of the legislation.

A similar thing happened when the American Law Institute, an influential organization of lawyers, academics and judges, called on states to strip all remaining vestiges of fault from family law, even as a factor in alimony or property distribution. But six years later, not a single state has passed new legislation to eliminate fault in family law.

Meanwhile, this summer, Louisiana became one of the first states in years to pass a major no-fault revision, in the opposite direction: creating a new one-year waiting period for no-fault divorce when couples have children younger than 18 years old, unless there is a determination of abuse in the marriage. And a group of more than 100 legal and family scholars just released a report urging legislators to consider passing extended waiting periods for no-fault divorce.

What accounts for the new resistance to no-fault? Reasons include the growing evidence that divorce often hurts children, feminists’ renewed recognition of the importance of legal protection for mothers raising children, and concerns about the economic disparities created by differences in marriage rates. Gay marriage advocates have also played a role in this shift, by calling attention to”easy divorce,”which they say is the real threat to marriage, not same-sex unions.

Read the whole piece here. Robin is a prolific, controversial and very brilliant family law scholar, and I once saw her wrestle an alligator. And win.

–Ann Bartow

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“Tequila Mockingbird”

That’s the title of Dahlia Lithwick’s recent Slate coumn, in which she says:

The first case of the term is a pair of consolidated immigration cases:Lopez v. Gonzales, (out of the 8th Circuit Court of Appeals) and Toledo-Flores v. United States (out of the 5th). Both cases turn on a question of statutory interpretation: Lopez and Toledo-Flores were noncitizens convicted for drug crimes that were felonies under their respective state laws, but misdemeanors under federal law. The Immigration and Nationality Act provides that noncitizens convicted of “aggravated felonies” can be deported. The question for the courts is whether “aggravated felonies” should include convictions that are felonies under state law, but only misdemeanors under federal law.

Lopez was arrested in South Dakota for cocaine possession. The INS, appeals court, and the 8th Circuit all agreed that his state drug felony supports deportation under the immigration laws. Toledo-Flores was convicted of the Texas state felony of possessing 0.16 grams of cocaine. The 5th Circuit affirmed his deportation.

Most of this morning’s argument is a deathly parsing of the language in the Immigration and Nationality Act’s definition of “aggravated felony,” 8 U.S.C. § 1104 (43) (B), which sends us back to the definition of a “drug trafficking crime” under 18 U.S.C. § 924 (c). But in order to parse that, you need to close-read the Controlled Substances Act (that’s 21 U.S.C. § 802, for those of you who didn’t glaze over at the first sight of a §). …

…Timothy Crooks is the assistant federal public defender representing Reymundo Toledo-Flores and:as his client has already been deported to Mexico:he’s in the unenviable position of having to persuade the justices that his case isn’t moot. Crooks states that even though his client is no longer in the United States, “he is still subject to the supervised release portion of his sentence.” An incredulous Chief Justice John Roberts wonders how a deportee can possibly be subject to his probation conditions if there is no one to supervise him. Crooks replies that his client is still not allowed to “use alcohol, or associate with persons … ” (He is interrupted here.)

Crooks adds that there are cases in which deportees have been extradited back to the United States based on violations of their supervised release, and that he may in the future want a visa to visit the United States, since his children live here. Justice Scalia says that “the doctrine of standing is more than an exercise in the conceivable. … Nobody thinks your client is really, you know, abstaining from tequila down in Mexico because he is on supervised release in the United States.”

Nobody laughs. But then, nobody winces or flinches, either. Somehow, a remark that would have flattened us had a Souter spoken it is just a solid day at the office for Scalia. I have no idea where the tequila comment should register on the nation’s macaca-meter. The more interesting question is about Scalia’s deliberate carelessness with language, his sense that he is somehow above the sorts of linguistic delicacy the rest of us expect in our dealings with others. Indeed, he seems to think it’s his obligation to be ever more reckless with his words, perhaps because he’s about the only guy left who faces no consequences for his rhetorical body-slams.

A Bird’s Nest has some additional analysis.

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Forced Sterilizations in SC

A local politician, Charleston SC City Councilor Larry Shirley, recently made this public pronouncement, which he later characterized as “starting a dialogue about reducing crime”:

“We pick up stray animals and spay them. These mothers need to be spayed if they can’t take care of theirs. Once they have a child and it’s running the street, to let them continue to have children is totally unacceptable.”

I didn’t blog about this primarily because it is so very awful in so many ways, I guess I just tried to repress it. Today Pam Spaulding posted “Back to the Eugenics Drawing Board in SC” at Pandagon, and I think she was right to draw attention to Shirley’s words, and I was wrong to try to ignore them. For whatever it is worth, here is a somewhat edited version of a comment I left at Pandagon in response:

South Carolina’s history with forced sterilization is ugly. In 1977 local lawyers working with the ACLU on involuntary sterilization issues were accused of improperly soliciting clients when they did advertising and outreach to find women that this had happened to, and almost had their licenses to practice law revoked. Do I make this stuff up? No, I do not. Here is the text of the letter that almost got Edna Smith Primus disbarred:

Dear Mrs. Williams:

You will probably remember me from talking with you at Mr. Allen’s office in July about the sterilization performed on you. The American Civil Liberties Union would like to file a lawsuit on your behalf for money against the doctor who performed the operation. We will be coming to Aiken in the near future and would like to explain what is involved so you can understand what is going on.

Now I have a question to ask of you. Would you object to talking to a women’s magazine about the situation in Aiken? The magazine is doing a feature story on the whole sterilization problem and wants to talk to you and others in South Carolina. If you don’t mind doing this, call me collect at 254-8151 on Friday before 6:00, if you receive this letter in time. Or call me on Tuesday morning (after Labor Day) collect.

I want to assure you that this interview is being done to show what is happening to women against their wishes, and is not being done to harm you in any way. But I want you to decide, so call me collect and let me know of your decision. This practice must stop.

About the lawsuit, if you are interested, let me know, and Ill let you know when we will come down to talk to you about it. We will be coming to talk to Mrs. Waters at the same time; she has already asked the American Civil Liberties Union to file a suit on her behalf.

Sincerely,

s/ Edna Smith

Edna Smith

Attorney-at-law

To make a long and very alarming story relatively short: She was”disciplined”for sending this letter by the SC Bar. She appealed the censure up to the SC Supreme Court, which ruled against her (In the Matter of Edna Smith, 268 S.C. 259, 233 S.E.2d 301 (1977)), and then took the issue to the US Supreme Court, which ruled in her favor. You can read the SCOTUS opinion here.

Smith wasn’t the only one – one of my law prof colleagues was threatened with disbarment due to his work with the ACLU as well. He had bar memberships in other states to fall back on, not to mention tenure, and so do I, but for local attorneys whose very livelihood was at stake, this was a scary case indeed.

–Ann Bartow

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The Anti-Boobie-Thon Continues…

breasts.jpg

For context, go here, here or here. To make your own sign, go here. To read about the Anti-Boobie-thon, go here.

–Ann Bartow

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Check Out The Cocky Law Blawg!

cocky_laptop.gifThe Cocky Law Blawg features “Legal Research Tips & Musings from the Coleman Karesh Law Library,” and is based at the University of South Carolina School of Law, so you just know it’s cool!

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U.N. SECRETARY GENERAL 1945-2006: 3 European men, 2 African men, 1 Latin American man, 1 Asian man, 0 Women

U.N. SECRETARY GENERAL 1945-2006: 3 European men, 2 African men, 1 Latin American man, 1 Asian man, 0 Women as pointed out by Equality Now, which launched a campaign last year to support women candidates for the position of United Nations Secretary-General, noting:

Tradition has it that the post of Secretary-General should rotate so that each geographical region gets its”turn.”Women have never had a “turn,”. . .

It comes as no surprise that this tradition will continue when Kofi Annan completes his term as Secretary General. Based on an informal vote yesterday in the U.N. Security Council, Ban Ki Moon, South Korea’s Foreign Minister, is poised to become the next Secretary-General of the United Nations. The breakdown of straw votes shows that each of the remaining candidates was opposed by at least one permanent member of the Security Council (i.e. with veto power). The Security Council will hold a formal vote on Monday, Oct. 9, after which it will send its recommendation to the General Assembly for approval.

Although nations were urged to consider nominating women candidates (see e.g. this and this) only one female candidate emerged, Vaira Vike-Freiberga, the President of Latvia, who ran at the joint invitation of Latvia, Estonia and Lithuania. In her statement announcing her candidacy she said:

With my formal decision to run for the post of UN Secretary General I wish to encourage women all over the world to continue their efforts to challenge prejudices and stereotypes. Half of humankind has never been represented at the helm of the UN. It is time to change this practice, which fails to reflect the structure of the world population. At the same time I wish to emphasize that the world cannot be divided into female and male, and we all must join together to defend human values and make the world a better place.

A UN News Centre story on her candidacy appears here. In yesterday’s straw vote in the Security Council, Vike-Freiberga placed third among the six candidates, with two opposing votes from permanent members of the Council, undoubtedly Russia and China. Relations between Russia and Latvia are tense, and China has been insistent that it is Asia’s “turn”for the post of Secretary General, a position strongly supported by Russia and many other UN members. Thus far only one Asian has served as Secretary General, U Thant of Burma, who served from 1961 through 1971. Some have suggested that the Eastern Europeans have a turn, as all three European SGs have been from Western Europe, but this proposal never gained much steam. A number of Asian women were among those listed as potential candidates for the post of Secretary General, including Singapore’s ambassador to the U.S., Chan Heng Chee but they did not have the support of governments to run for the post.

– Stephanie Farrior

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The Domestic Violence Toll: 27 Women and 5 Men in South Carolina Last Year

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This is a photo of the “Silent Witness Roll Call” held on the SC Statehouse grounds today. Today also brought the news that a local women was murdered in Virginia, apparently by a man who had killed several other people as well, and there were two unrelated murder-suicides here in SC in which men killed their wives and then themselves.

According to a report released in September 2006 by the Violence Policy Center, South Carolina ranked sixth in per capita killings of women by men in 2004. South Carolina had 2.13 deaths per 100,000. Nationally, the rate was 1.31 per 100,000.

–Ann Bartow

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“Mother Superior”

Over at Jurisdynamics, Jim Chen has a post entitled “Mother Superior” that is part of his series on “Genesis for the rest of us.”   Here is an excerpt:

The sexually hierarchical nature of Genesis’ second creation story has long-term negative consequences for equality between women and men and for global well-being. Among the world’s religious traditions, only the Abrahamic religions of Judaism, Christianity, and Islam — with the striking exception of the Catholic variant of Christianity — insist on a strictly masculine representation of God. Lest we forget, nothing degrades human culture and its relation to nature faster than the systematic denigration of women.

Jim is a very engaging and provocative writer, so by all means check this out.

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Sex Toys in Texas

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Don’t dare call them dildos! And in related news… it was cert. denied in Acosta v. Texas, which asked the Court to consider “whether a Texas prohibition on the sale of sex toys is unconstituional on Due Process grounds, especially in light of the holding in Lawrence v. Texas.” A copy of the denied cert. petition is accessible here.

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Upcoming SCOTUS Abortion Cases

The Kaiser Daily Women’s Health Policy Report on Abortion-Related Cases in the New Supreme Court Term:

The docket for the U.S. Supreme Court term beginning Monday is scheduled to include a Department of Justice appeal to uphold a federal law banning so-called “partial-birth” abortion. President Bush signed the Partial-Birth Abortion Ban Act (S 3) into law in November 2003, but federal judges in California, Nebraska and New York each issued temporary restraining orders to prevent enforcement of the ban. The Planned Parenthood Federation of America, the American Civil Liberties Union on behalf of the National Abortion Federation and the Center for Reproductive Rights on behalf of four abortion providers filed lawsuits alleging that the law is unconstitutional because of the absence of a health exception, and federal judges in California, Nebraska and New York each issued temporary restraining orders to prevent enforcement of the ban. In place of a health exception, the law includes a long “findings” section with medical evidence presented during congressional hearings that, according to supporters of the law, indicates the procedures banned by the law are never medically necessary. The Supreme Court is scheduled to hear arguments in two of the cases on Nov. 8.

More information and analysis is available here.

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“It seems as though he wanted to attack young, female victims”

So today in the South Carolina news, a man killed his wife and her four children while they slept, and in the national news we have this story:

A lone gunman walked into a one-room schoolhouse in a largely Amish community in southeastern Pennsylvania today and shot as many as 10 girls, killing three immediately before turning the gun on himself and dying at the scene, according to the state police.

The man, identified as Charles Carl Roberts IV, 32, who lived in the area, was evidently nursing a long-ago grievance expressed in notes left for his wife and children, said Jeffrey Miller, commissioner of the state police. He said the gunman lined the girls against the blackboard, bound their feet and shot them execution-style in the head.

“He split them up, males and females,” Commissioner Miller said. “He let the males go, some of the adults go. He bound the females at the blackboard, and apparently executed them.”

Three of the girls were dead at the scene in Nickel Mines, Pa., and seven others were rushed to nearby hospitals, some of them severely wounded. An earlier Associated Press report quoted a local coroner as saying there were six people dead, but the coroner later said he was unsure, The A.P. said.

Commissioner Miller told CNN this evening that of the several victims who had been taken to hospitals, two of the girls were in”dire”condition and might not live.

“There was some issue in the past”that had left the gunman with a desire to harm female students, Commissioner Miller said. He said that the murders were premeditated and that the gunman had called his wife : without telling her he was holding hostages in a school : that he would not be coming home.

Commissioner Miller said Mr. Roberts called his wife from a cell phone, saying he was “acting out in revenge for something that happened 20 years ago.”

“It seems as though he wanted to attack young, female victims,” he said, according to The Associated Press.

The gunman released about 16 boys in the class, a pregnant teacher’s aide and three women with small children before the shooting, began, Commissioner Miller said. The principal teacher escaped at that time and ran to a nearby property to call 911.

The gunman, who was not Amish, evidently chose the small, private Amish school in Lancaster County about 55 miles west of Philadelphia because the security would be lax, Commissioner Miller said. …

As Heart recently wrote at Women’s Space/The Margins:

“Unfortunately as women, we have no nation, we have no police force, we have no military and so we cannot launch any war on this terrorism which is waged against us every day, every night, and has been for millennia. More unfortunately, these acts are not even recognized as terrorism. But that is precisely what these acts are. They are acts of terrorism intended to subjugate the people of women and to keep us enslaved, intimidated, silenced.”

Heart has many more accounts of violence specifically targeted against women at her blog. And in her recent book “Are Women Human?” Catharine MacKinnon’s essay entitled Women’s September 11 points out that roughly the same number of women are murdered in the U.S. by men as the total number of people who died in the WTC on September 11, 2001, but those killings provoke little if any coordinated reaction by the government, or sustained attention by the media.

–Ann Bartow

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Judicial Bypass Resources

This post is copied from the wonderful Reproductive Rights Blog in an effort to circulate it as widely as possible, but that blog deserves all the credit for collecting and initially publishing this information, which after a bit of spot checking appears spot on. If readers have additions or corrections, please let me know, and I’ll inform the Reproductive Rights Blog as well:
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First, if you’re a minor, you are legally entitled to make a decision about abortion on your own. If you’re mature. Many states have laws requiring minors to get the permission of one or both parents before they have an abortion (parental consent laws) or notify their parents (parental notification laws). A judicial bypass is a Constitutionally mandated alternative, where you go in front of a judge, and tell him/her why you want an abortion, and s/he will determine if you’re mature enough to make that decision. This is basically how it works. I don’t understand how you could be too immature to make a decision about abortion but mature enough to have a child, but that’s my personal confusion.

Here’s what I got so far. First, I think you can always call NAF or your local abortion clinic or the 800 number for Planned Parenthood (PP). Those seem like really solid places to start. I’ve posted what I can find, but please feel free to add, or share your experiences, or correct anything.

AL: Call the clinic
AZ: Call the clinic, then go down to the courthouse, fill out a form, have hearing (see PP)
CO: forms online, call PP
DE: only applies to under 16, call NAF
FL: PATH has some resources; you can call them at (877) FLA-PATH. You have the right to a free attorney if you need one, says PRCH (pdf)
GA: Can’t find much, call the counseling line at 1-800-264-7154
IN: Call the Indiana ACLU at 317-635-4059 ext. 224; the University has a lot of good information, and I bet they have access to more resources
IA: Call NAF
KS: Can’t find anything, but you need one
KY: Try the Kentucky ACLU (502-581-1181)
LA: Try the local PP’s. Baton Rouge at (225) 387-1167, New Orleans at (504) 897-9200
ME: Can’t find anything. Try PP, your clinic, or NAF
MA: PRCH (pdf) says to call 1-800-682-9218
MI: PP has some instructions. First step, call the circuit court in your county & tell them you want information on judicial bypass
MN: This has the names and numbers of people to contact (bottom right)
MS: “If a minor cannot tell her parents, she can go to Chancery Judge in home county or Hinds County to get judicial bypass. Minor will have to convince the judge that she is mature enough and well informed enough to have the abortion without parents’ knowledge.” (a clinic)
MO: No clue, call NAF
NE: Forms are supposed to be available in any courthouse, but I can’t find out where those courthouses are.
NC: The ACLU says you start by filing a petition with the District Court. Contact the ACLU, NAF, or PP.
ND: Can’t find much, call the local PP, national PP, NAF, or your clinic
OH: Call your clinic. You need to go to the clerk of courts for the juvenile court in your county.
PA: call here
RI: Call PPRI at (401) 421-9620 9health center)
SC: Call PP; the local PP might be able to get you a free attorney. Or call your clinic. Here is one of the forms (.doc)
SD: Same PP info as for ND and MN; call NAF, local clinic, or PP.
TN: Try your court’s clerk, but also try PP, NAF, or your clinic b/c the clerks a) might not know or b) might not be super supportive
TX: 1-866-www-jane or 1-866-999-5263
UT: Can’t find anything. Call NAF or PP or your clinic.
VA: Call PP at 1-800-230-PLAN or call your clinic. You could probably call the juvenile court in your county too.
WV: Get a letter from a doc who is not at your clinic or get judicial bypass. Call the clinic for details.
WI: An adult family member over 25 (.pdf) can give consent (sister, aunt, grandparent, etc.); the blank order form itself is here (.doc), so it seems you have to go to the Circuit Court in your county. The petition is here (.pdf), by the way.
WY: Can’t find much, try PP online or at (303) 321-7526

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Update: a commenter recommends, “For a personal account from a social worker who helps teenage girls through the judicial bypass process, read ‘Jane Does’ Choice’.”

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Tax Refunds Biased Against Women

In a story entitled “Tax refunds show bias tilted toward men” the Albany Times Union reports:

…[NY] state has been mailing out $675 million in rebates through the STAR, or School Tax Relief program, since Sept. 18. But many checks are made out to only one person in a household — usually the husband — because the state is relying on property deed records that sometimes are decades old.

Banks often will not allow a spouse or other property co-owner to get cash if their name isn’t listed on the check. And that can create an even bigger headache when there are marital problems, or when a husband has died.

“It upsets any woman. It doesn’t seem right,” Carol Decker, a widow in Angola near Buffalo, said in Friday’s Buffalo News.

Although her husband died in 1994, both their names are still listed on the deed.

In recent days, the newspaper said, tax assessors’ offices have been flooded with complaints.

“We were inundated with calls because the banks won’t accept the checks,” said Bruna Michaux, Buffalo commissioner of assessment and taxation. “There’s got to be a way to resolve this for the property owner, because it’s not their fault. That’s a lot of money to them.”

The state determined the primary owner of properties using data compiled by local municipalities and tax assessors. But many of the deeds dated back to the 1950s, 1960s and 1970s — and deeds back then often listed only a husband’s name along with “wife” or “one” for another co-owner.

“All we can work on is the information we’re getting from the local assessment rolls,” said state Taxation and Finance spokesman Thomas Bergin.

In the meantime, officials are trying to help taxpayers.

The state’s STAR Web site says consumers unable to cash a check should file a rebate application with the correct information and return it along with the voided check to the Department of Taxation and Finance.

Via Paul Caron at TaxProf Blog.

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“Aid: Can It Work?”

That is the title of this review essay by Nicholas Kristof, which primarily focuses on “The White Man’s Burden: Why the West’s Efforts to Aid the Rest Have Done So Much Ill and So Little Good,” by William Easterly but mentions several other recent books analyzing foreign aid issues as well. Among some of Kristof’s observations are these:

In rural Indonesia, you see a cultural problem that aid can’t easily address: pregnant women and babies going hungry, even having to eat bark from trees, while their husbands are doing fine. It turns out that the custom is for the men and boys to eat their fill first. In Ethiopia, you greet parents cradling hungry babies and explaining that they have no food because their land is parched and their crops are dying. And two hundred feet away is a lake, but there is no tradition of irrigating land with the lake water, and no bucket; and anyway the men explain that carrying water is women’s work. In both cases you can see why many who know about aid say that changing the status and power of women is of prime importance if aid and development are to be effective. But it is far from clear how this can be done.

Discouraged, you move on to southern Africa. You see the very sensible efforts of aid groups to get people to grow sorghum rather than corn, because it is hardier and more nutritious. But local people aren’t used to eating sorghum. So aid workers introduce sorghum by giving it out as a relief food to the poor:and then sorghum becomes stigmatized as the poor man’s food, and no one wants to have anything to do with it.

You visit an AIDS clinic there, and see the efforts to save babies by using cheap medicines like Nevirapine to block mother-to-child transmission of HIV during pregnancy. Then the clinic gives the women infant formula to take home, so that they don’t infect the babies with HIV during breastfeeding. A hundred yards down the road, you see piles of abandoned formula, where the women have dumped it. Any woman feeding her baby formula, rather than nursing directly, is presumed to have tested positive for HIV, and no woman wants that stigma.

More broadly, however, aid can be effective even if it doesn’t boost economic growth. Last fall when I was traveling through the remote lands of eastern Niger, miles from nowhere, I dropped in on a clinic in the town of Zinder and found a heavily pregnant thirty-seven-year-old woman named Ramatou who was groaning and suffering convulsions; she was losing her eyesight. The doctors were more interested in me than in her, but they said she was about to fall into a coma from eclampsia, a common condition in Africa that kills pregnant women but is essentially unknown in America. (In developed countries it is detected early, as pre-eclampsia, and then treated so that it never develops into full-fledged eclampsia.)

Cockroaches skittered on the floor underneath Ramatou, as the doctors wheeled her into the small operating theater. The surgery was primitive but could not have been more effective: thirty minutes later, the doctor delivered a baby boy, and an hour later the mother was conscious and recovering. That clinic, financed by the UN Population Fund (whose funding the Bush administration has cut because of its support for China’s family planning program) and by Nigeria’s aid program (poor countries are donors, too), had just saved two lives before my eyes. I don’t know whether that aid will boost economic growth in Niger, but no one watching that drama could doubt that financing the clinic was money well spent.

….

In Ethiopia, I met Catherine Hamlin, an Australian obstetrician who is overdue for a Nobel Peace Prize. She runs a hospital that repairs obstetric fistulas, one of the most awful injuries humans can sustain. Typically, a fistula occurs when a physically immature teenage girl tries to give birth, and the baby gets stuck. After a few days without a doctor around to help, the baby is stillborn, and the girl is left with perforations between her vagina and bladder or rectum. She cannot hold her wastes, which trickle constantly down her legs. She smells. Her husband divorces her, she must build a hut on her own, and sometimes she is barred from using the village well. At the age of about fifteen, her life is ruined. Some two million girls and women suffer from this affliction around the world.

Dr. Hamlin repairs the fistulas, at the cost of about $450 per operation, supplied largely by individual donors and aid groups, and she brings these teenage girls back to life.[4] You visit her hospital, you see the girls with fistulas, and you just want to hand over your wallet to Dr. Hamlin. I don’t know what impact she has on Ethiopia’s economic development, but she seems to me a saint. Easterly is absolutely right that we need to figure out ways of delivering aid more efficiently, and he has written an immensely stimulating book. But no one who sees a girl with a fistula waiting patiently for an operation could doubt that foreign aid is often the very best investment in the world.

Via Frank Pasquale.

NB: A review of the Easterly book by Amartya Sen, which was published in Foreign Affairs, is accessible here.

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Carnival Against Sexual Violence 8

Up at abyss2hope. As usual Marcella Chester did a lot of hard work on this, and it is well worth checking out.

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The Anti-Boobie-Thon

Read the post entitled “I Got Yer Boobython Right Here” at I Blame the Patriarchy so all this makes sense. Like Twisty Faster, if no one sends me photos of their breasts between now and midnight Tuesday, I’ll donate some respectable amount of money to Breast Cancer Action.

–Ann Bartow

Update: See also Think Before You Pink.

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The Rutgers Law Review and Rutgers School of Law-Newark present: SAME-SEX COUPLES AND “THE EXCLUSIVE COMMITMENT” Untangling the Issues and Consequences

Friday, November 10, 2006
9:30 a.m. to 4:30 p.m.

Rutgers School of Law-Newark
Center for Law and Justice
123 Washington Street
Newark, New Jersey

Morning: Process and Consequences of Same-Sex Unions
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

This panel will discuss the legal and economic impact of same-sex union recognition on tax, divorce, adoption, and other areas of law.

Dr. Saby Ghoshray, WorldCompliance Company
Professor Sally Goldfarb, Rutgers School of Law-Camden
Debra E. Guston, Esq., Guston & Guston LLP
Professor Marc Poirier, Seton Hall University School of Law
Professor Diana Sclar, Rutgers School of Law-Newark

Complimentary Lunch

Afternoon: Debating the Arguments — New Jersey’s Lewis v. Harris Decision
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Professor Laura Appleman, Willamette University College of Law
David S. Buckel, Marriage Project Director, Lambda Legal
Michael Patrick Carroll, New Jersey Assemblyman
William Duncan, Marriage Law Foundation
Professor Amy Wax, University of Pennsylvania Law School

Cocktail Reception

This event is FREE and open to the public. For reservations, please contact Erin Cleary at (973) 353-3113 or ecleary@hotmail.com.

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“Pink Ribbons, Inc.: Breast Cancer and the Politics of Philanthropy”

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From the publisher’s website:

In Pink Ribbons, Inc., Samantha King traces how breast cancer has been transformed from a stigmatized disease and individual tragedy to a market-driven industry of survivorship. In an unprecedented outpouring of philanthropy, corporations turn their formidable promotion machines on the curing of the disease while dwarfing public health prevention efforts and stifling the calls for investigation into why and how breast cancer affects such a vast number of people. Here, for the first time, King questions the effectiveness and legitimacy of privately funded efforts to stop the epidemic among American women.

Pink Ribbons, Inc. grapples with issues of gender and race in breast cancer campaigns of businesses such as the National Football League; recounts the legislative history behind the breast cancer awareness postage stamp:the first stamp in American history to raise funds for use outside the U.S. Postal Service; and reveals the cultural impact of activity-based fund-raising, such as the Race for the Cure. Throughout, King probes the profound implications of consumer-oriented philanthropy on how patients experience breast cancer, the research of the biomedical community, and the political and medical institutions that the breast cancer movement seeks to change.

Highly revelatory:at times shocking:Pink Ribbons, Inc. challenges the commercialization of the breast cancer movement, its place in U.S. culture, and its influence on ideas of good citizenship, responsible consumption, and generosity.

Via Feministing and I Blame the Patriarchy. You can read an excerpt here.

–Ann Bartow

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Not Funny, Redux

The Happy Feminist, a practicing attorney, posted a story about a work-related experience she had that involved a “joke” that few feminists would find amusing. Below is an excerpt:

Back in 1999, when I was a 27 year old prosecutor, I attended a week-long trial advocacy seminar for prosecutors from around the United States. My group had about 10 young prosecutors and 3 instructors who were experienced trial lawyers. We spent the week doing mock trial exercises and being videotaped and critiqued. I learned a great deal and it was great to meet other professionals in my line of work. At the end of the week, I got to take home the videotape of all my mock trial performances. I remember liking everyone involved in the project and feeling that we all got along well in a fun but professional setting. There was no sexual banter during the course of the week.

At the end, the three instructors gave out gag gifts for all the students, which we opened while being videotaped. Most of the gifts were fairly innocuous as I recall. One guy got a can of hair gel because his hair was always slicked back. As he opened it, I remember worrying that he might be hurt or offended that people were laughing at his hair. My gift was last because it was, I was told, one of the funniest. When it was my turn, I opened the gift in a kind of nervous but pleasurable flutter because I couldn’t imagine what the instructors had noticed about me that they would link to a gag gift.

I ripped open the wrapping to find . . . a beret and a cigar.

You can (and should!) read the entire post here. An anonymous contributor adds:

“I once received a toilet seat as a gag gift at a law firm party, because I was viewed as spending a lot of time in the women’s restroom. It was true, I had been spending a lot of time in the firm bathroom in the weeks leading up to the fun-filled event. I was changing blood soaked sanitary napkins with great frequency because I had had a miscarriage.”

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Call for Papers: “Happiness and the Meaning of Life”

When I saw this CFP at the Legal Theory Blog I suspected it might be satire, but then I noticed the related conference was being organized by the Philosophy Department at the University of Birmingham, rather than a law school.   According to the conference website:

The conference will be dedicated to the presentation of papers on the theme of happiness, well-being, and the meaning of life from different perspectives, for instance philosophy, economics, ethics, religious studies, and psychology.

You will not doubt have observed that law is not among the listed disciplines for some mysterious reason.

–Ann Bartow

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Lt. Emily J.T. Perez

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LT. EMILY J. T. PEREZ, 23, was a West Point graduate, and a platoon leader in the Army’s 204th Support Battalion, 2nd Brigade, 4th Infantry Division, from Fort Hood, Texas. On September 12, 2006 she was killed in Kifl, Iraq, south of Baghdad. Her hometown was Fort Washington, Maryland. An obiturary in the WaPo can be accesssed here. Here is an excerpt:

Emily J.T. Perez, a determined 23-year-old from Prince George’s County, rose to the top of her high school class and then became the first minority female command sergeant in the history of the U.S. Military Academy.

Now she has another distinction. The second lieutenant was buried Tuesday at the academy, the first female graduate of West Point to die in Iraq. Perez, a platoon leader, was killed while patrolling southern Iraq near Najaf on Sept. 12 when a roadside bomb exploded under her Humvee.

Brief NYT profiles of Perez, and other American female soldiers who have died in Iraq or Afghanistan can be accessed here.

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Speaking Up

Though it is somewhat limited in scope, empirical research on the differences in in-class participation rates between female and male law students (both “observed” and self-reported) consistently suggests that males volunteer and speak more than females do. (See e.g. this article at around page 828, et seq.) This data contrasts fairly dramatically with assertions made in “The Female Brain”by Louann Brizendine. At the Language Log blog, Mark Liberman noted:

It’s recently fashionable for books and articles to enlist neuroscience in support of the view that men and women are essentially and unavoidably different, not just in size and shape, but also in just about every aspect of the way they see, hear, feel, talk, listen and think. These works tend to confirm our culture’s current stereotypes and prejudices, and the science they cite is often overinterpreted, and sometimes seems simply to have been made up. I recently discussed an example from Leonard Sax’s book Why Gender Matters (“Are men emotional children?“, 6/24/2006), which David Brooks has used to support an argument for single-sex education. The latest example of this genre, released August 1, is Louann Brizendine‘s book “The Female Brain“.

Here’s what its jacket blurb says:

Every brain begins as a female brain. It only becomes male eight weeks after conception, when excess testosterone shrinks the communications center, reduces the hearing cortex, and makes the part of the brain that processes sex twice as large.
Louann Brizendine, M.D. is a pioneering neuropsychiatrist who brings together the latest findings to show how the unique structure of the female brain determines how women think, what they value, how they communicate, and who they’ll love. Brizendine reveals the neurological explanations behind why
• A woman uses about 20,000 words per day while a man uses about 7,000
• A woman remembers fights that a man insists never happened
• A teen girl is so obsessed with her looks and talking on the phone
• Thoughts about sex enter a woman’s brain once every couple of days but enter a man’s brain about once every minute
• A woman knows what people are feeling, while a man can’t spot an emotion unless somebody cries or threatens bodily harm
• A woman over 50 is more likely to initiate divorce than a man
Women will come away from this book knowing that they have a lean, mean communicating machine. Men will develop a serious case of brain envy.

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 has a who series of posts about this topic, listed here, plus a new entry today where he notes with respect to this assertion: Did you know that, on average, women use 15,000 words a day while men use 7,000?

Reader, did you know that, on average, there are 23 different versions of this phony comparison published every day in the world’s media? Well, that’s not true either — but I think this is the 11th different pair that I’ve come across so far, ranging from a high of 50,000 vs. 25,000 to a low of 5,000 vs. 2,500. (And in case you’re coming late to this discussion, all of these numbers seem to have been made up or copied from someone who made them up — the many studies that actually count words and correlate the counts with sex find no group difference, or a relatively small difference. When a difference is found, it’s usually in the direction of more words from men.)

He also explained all this at Boston.com. As for why so many people seem to want to believe that women speak more than men, here is a trenchant observation from Amanda Marcotte at Pandagon:

I think what’s happened is this: The old stereotype was really just,”Women talk too much,”with”too much”being defined as”more than someone in their lowly station should.”But nowadays the people who want to tell women they are out of place and need to STFU can’t just tell women that their chattering mouths are taking up valuable time …. Knowing that they had to pretend to believe in equality, sexists then simply sculpted a myth of the taciturn man to shame women with so we’ll shut up.

NB: Deborah Tannen’s review of “The Female Brain” is excerpted here.

–Ann Bartow

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Sexism and Alcohol

makers-mark.jpg

Alex Witchel writes in a NYT article entitled “Strong Drink Is Not for Men Alone:”

…A few weeks ago I settled down at the bar at Lombardi’s for the inevitable table wait for one of those sublime pizzas and ordered my drink. My husband ordered the same thing. I watched as the bartender filled two tall glasses with ice. He poured bourbon into the first glass, a healthy amount, then squirted some soda on top. In the second glass he poured the bourbon and soda simultaneously, rendering it the color of a weak ginger ale. Guess which one was mine?

I handed it back.”Could you put some more bourbon in this, please?”I asked, struggling to remain polite. Struggling back, he did just that.

A few weeks earlier, I had eaten at Blue Smoke, the barbecue restaurant that serves an impressive list of bourbons and an even more impressive selection of appetizers that complement them, deviled eggs, and the creamy blue cheese and bacon dip with house-made potato chips being just two of them. Seated at a table, I was a gender-blind customer as far as the bartender was concerned. But when the tray of drinks arrived, I realized that two men at the table had ordered the same as I had, Maker’s Mark in a tall glass with soda. The waiter was male, and sure enough, the drink lightest in color was served to me.

I summoned a manager and pointed out the discrepancy. He was deeply apologetic, the drink was fixed and a good time was had by all. But it made me start paying attention. …

She goes on to assert that when she is waited on by women, she receives stronger drinks. With the exception of the occasional chocolate martini or the like, I usually only drink wine when eating at restaurants, which can be freighted with its own gender dynamics. Waitstaff of both genders seem to strongly prefer having a male at any given table taste and approve a bottle of wine, and can respond with confusion or downright rudeness if a woman presumes to fulfill this function. Also, if informed that only select members of a party will be sharing in the wine, the default response is often to provide all the men with wineglasses, and then make specific inquires of the females at the table.

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Another Post About Pornography

The first chapter of David Foster Wallace’s recent book, Consider the Lobster, is about the adult film industry circa 1997, and within it Wallace observes:

The thing to recognize is that the adult industry’s new respectability creates a paradox. The more acceptable in modern culture it becomes, the farther porn will have to go in order to preserve the sense of unacceptability that’s so essential to its appeal…. Whether or not it ever actually gets there, it’s clear that the real horizon late-90’s porn is heading towards is the Snuff Film. It’s also clear, with all moral and cultural issues totally aside, that this is an extremely dangerous direction for the adult-film industry to have to keep moving in.

For evidence that he may have been correct, read this post at Punkassblog and click on the “rape porn” link, which I do not want to replicate here. Or you could read this article about how an 18 year old porn actress contracted HIV in 2004, in which the author notes:

A word about government regulation: I’ve directed and produced two feature films within the county of Los Angeles, which is another way of saying I have a very hostile attitude toward government regulation of motion picture production. I have hired government employees to sit around doing nothing, because that’s what the rules said I had to do. I’ve paid permit fees that were more than my production costs for an average day’s shoot. I’ve declined to shoot scenes in L.A. because of indie-unfriendly regulations.

But even a ROTIO (Republican On This Issue Only) like me can acknowledge that some regulation makes sense.

When I shot a scene for Nothing So Strange in which a character gets shot in the head, the action required a “squib” explosion: The effects artist put a metal plate on the back of the actor’s head. On top of that plate went a small explosive charge. On top of that charge went a grisly packet of fake blood, brains and hair. At the appointed time in the action of the scene, the effects artist pushed a button to trigger the explosive, and, boom, big old mess.

In order to shoot this scene legally (which I did), I had to hire a pyrotechnician licensed by the state. I also had to hire a county fire marshal, who monitored the pyrotechnician and had the authority to stop any behavior deemed unsafe. If you add in the city cops I was legally required to retain for crowd control, the actors and crew on my set had three levels of protection provided by government agencies.

If, in my zeal to get a better scene, I had tried to persuade the pyro to make the explosive charge larger than was safe, he probably wouldn’t have done it–his license would have been at risk. If he decided to take the risk to please me (perhaps so I’d hire him again), the fire marshal was there to keep him honest. And if I tried to stage the scene in another way that put the actors or crew in danger, the police officers present would have stopped me.

Lara Roxx had zero protection by government agencies. There was no cop on that set. No fire marshal. No doctor. Nobody had a license. And nobody broke the law by paying a teenager to accept the uncovered penises of two men into her anus.

Roxx showed poor judgment, yes. She isn’t blameless. But there are plenty of neophyte stunt performers in L.A. who would also be delighted to show some poor judgment and get themselves hurt or killed on a Hollywood movie set–but the government regulates those sets. I’ve auditioned plenty of eager young actors who would no doubt be willing to do their own dangerous stunts if it meant getting a good role and getting paid–but the LAPD, the LAFD and the Screen Actors Guild would all have something to say about that.

The 18-year-olds flooding into the porn industry have just about nobody. The porn companies label them “independent contractors,” so the performers don’t even have the workplace safety protections that fry cooks at Burger King do.

Lara Roxx, who is too young to legally drink in a bar, has HIV not just because she participated in a dangerous sex act. She also has HIV because there was nobody to stop the producers from dangling money and other inducements in front of this young woman to get her to take that risk.

–Ann Bartow

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“Turning Back the Clock on Rape”

Below is an editorial that appeared in the NYT on 9/23/06, with some links added:

In recent decades, women’s advocates and human rights activists have made huge progress on the issues of rape and sexual assault : in the United States and globally. Both crimes are now more powerfully defined in state and federal laws. In international law, where rape and sexual assault have long been classified as torture and war crimes, the world has begun to accept the importance of enforcement. In 1998, a tribunal convicted a paramilitary chief for watching one of his men rape a woman in Serbia. A year ago, the world rose up in outrage when United Nations peacekeepers raped women in Congo. [See also].

You’d think this was a settled issue. But it’s been opened up again in the bill on jailing, interrogating and trying terror suspects that President Bush is trying to ram through Congress in a pre-election rush. Both the White House and Senate versions contain provisions on rape and sexual assault that turn back the clock alarmingly. They are among the many flaws that must be fixed before Congress can responsibly pass this legislation.

Rape, sexual assault and sexual abuse are mentioned twice in the bill : once as crimes that could be prosecuted before military tribunals if committed by an”illegal enemy combatant,”and once as”grave breaches”of the Geneva Conventions that could be prosecuted as war crimes if committed by an American against a detainee. But in each case, the wording creates new and disturbing loopholes.

In the bill, rape is narrowly defined as forced or coerced genital or anal penetration. It utterly leaves out other acts, as well as the notion that sex without consent is also rape, as defined by numerous state laws and federal law. That is the more likely case in a prison, where a helpless inmate would be unlikely to resist the sexual overtures of a guard or interrogator.

The section on sexual abuse requires that the act include physical contact. Thus it might not include ordering a terrified female prisoner to strip and dance, which happened in Rwanda, or compelling a male prisoner to strip and wear women’s underwear on his head, or photographing naked prisoners piled together, both of which happened at Abu Ghraib.

Rhonda Copelon, a professor of law at the City University of New York who was an author of the international law on rape as a war crime, says the bill also could make it impossible to prosecute rape or sexual assault as torture, because the definition of torture in the legislation requires proof of specific intent to commit the crime. Motive is very hard to prove in cases of rape or sexual assault.

Experts on sexual violence fear that the intent is to absolve American soldiers and their commanders from prosecution for deeds that have occurred since Sept. 11. Ms. Copelon also points out that the United States has been trying for years to write a specific intent requirement into international law on torture. The co-authors of the bill, Senators John McCain and Lindsey Graham, did not respond to questions about the section.

But it does not really matter. This language simply needs to be changed, and Senators McCain and Graham should do it. If not, Democrats should insist on this among many other changes they should be demanding before agreeing to a vote on the prison measure.

The House versions of the bill, “The Military Commissions Act of 2006,” can be accessed here or here. The Senate version is here. A NYT editorial concerning the bill as a whole appears today, and is entitled, “Rushing Off A Cliff.” It notes in pertinent part:

The definition of torture is unacceptably narrow, a virtual reprise of the deeply cynical memos the administration produced after 9/11. Rape and sexual assault are defined in a retrograde way that covers only forced or coerced activity, and not other forms of nonconsensual sex. The bill would effectively eliminate the idea of rape as torture.

Marty Lederman has more about the bill generally at Balkinization, as does Steve Vladeck at the National Security Advisors blog, and Echidne of the Snakes.
–Ann Bartow

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“Poison Ivy”

The Economist has published a review of Daniel Golden’s book,”The Price of Admission: How America’s Ruling Class Buys Its Way into Elite Colleges:and Who Gets Left Outside the Gates.”The Economist review has as its subtitle: “Not so much palaces of learning as bastions of privilege and hypocrisy.” Here are the first few paragraphs of the review, which focus on attributes of “privilege”:

AMERICAN universities like to think of themselves as engines of social justice, thronging with”diversity”. But how much truth is there in this flattering self-image? Over the past few years Daniel Golden has written a series of coruscating stories in the Wall Street Journal about the admissions practices of America’s elite universities, suggesting that they are not so much engines of social justice as bastions of privilege. Now he has produced a book:“The Price of Admission: How America’s Ruling Class Buys Its Way into Elite Colleges:and Who Gets Left Outside the Gates”:that deserves to become a classic.

Mr Golden shows that elite universities do everything in their power to admit the children of privilege. If they cannot get them in through the front door by relaxing their standards, then they smuggle them in through the back. No less than 60% of the places in elite universities are given to candidates who have some sort of extra”hook”, from rich or alumni parents to”sporting prowess”. The number of whites who benefit from this affirmative action is far greater than the number of blacks.

The American establishment is extraordinarily good at getting its children into the best colleges. In the last presidential election both candidates:George Bush and John Kerry:were”C”students who would have had little chance of getting into Yale if they had not come from Yale families. Al Gore and Bill Frist both got their sons into their alma maters (Harvard and Princeton respectively), despite their average academic performances. Universities bend over backwards to admit”legacies”(ie, the children of alumni). Harvard admits 40% of legacy applicants compared with 11% of applicants overall. Amherst admits 50%. An average of 21-24% of students in each year at Notre Dame are the offspring of alumni. When it comes to the children of particularly rich donors, the bending-over-backwards reaches astonishing levels. Harvard even has something called a”Z”list:a list of applicants who are given a place after a year’s deferment to catch up:that is dominated by the children of rich alumni.

University behaviour is at its worst when it comes to grovelling to celebrities. Duke University’s admissions director visited Steven Spielberg’s house to interview his stepdaughter. Princeton found a place for Lauren Bush:the president’s niece and a top fashion model:despite the fact that she missed the application deadline by a month. Brown University was so keen to admit Michael Ovitz’s son that it gave him a place as a”special student”. (He dropped out after a year.)

Most people think of black football and basketball stars when they hear about”sports scholarships”. But there are also sports scholarships for rich white students who play preppie sports such as fencing, squash, sailing, riding, golf and, of course, lacrosse. The University of Virginia even has scholarships for polo-players, relatively few of whom come from the inner cities.

These are important issues, and I’m glad the book explores them, and that it promises to generate some public conversation on these topics. The very next part of the review, however, in which Golden apparently focuses on purported “hypocrisy,” made me quite angry:

You might imagine that academics would be up in arms about this. Alas, they have too much skin in the game. Academics not only escape tuition fees if they can get their children into the universities where they teach. They get huge preferences as well. Boston University accepted 91% of”faculty brats”in 2003, at a cost of about $9m. Notre Dame accepts about 70% of the children of university employees, compared with 19% of”unhooked”applicants, despite markedly lower average SAT scores.

The prvileges and employment conditions of academics vary greatly. Faculty members at the University Of South Carolina do not get ONE PENNY toward tuition for family members. We don’t even get free tuition for ourselves! The only way to for a faculty member to take a class without cost here is to get the instructor to agree to let her audit the course. She still has to buy the texts and materials herself, and will reap the benefits of classroom instruction and learning for its own sake, but will not receive academic credit toward any degree from an auditing experience. And as a general matter, not even the auditing option is open to the family members of academics.

I can say with a high degree of confidence that each and every one of my colleagues and I would like to see our tuition lowered and our scholarship funds increased, and not only for the sake of our own children, not even close. We suffer as much as anyone from the lack of diversity within our institutions, and from a structural inability to enroll students strictly on the basis of “merit.” We certainly admit students on the basis of merit, but we are unable to finance the educations of very many aspiring attorneys, regardless of how brilliant they are. Public universities in poorer states are harshly punished by ratings and rankings systems that measure us against far wealthier schools, and find us inferior in part due to our paltry endowments. We could purchase higher rankings by “buying” top students with modest means if we had more financial aid funds available, but we will never have the resources to compete with wealthy schools in this regard. I love my job and appreciate the many benefits it offers, but neither free nor even discounted tuition for myself or for any of my family members is among them.

–Ann Bartow

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Jessica Price, “Imagining the Law-Trained Reader: The Faulty Description of the Audience in Legal Writing Textbooks”

Here is the abstract for Jessica Price’s new article:

In law schools today, first-year legal writing courses play a crucial role in helping students learn to communicate about the law. Many legal writing teachers approach legal writing education in a practical way, attempting to pass on their own experiences in law practice settings to students. Unfortunately, as other writers have observed, such reliance on personal knowledge about what lawyers are like may lead legal writing teachers to oversimplify a complicated matter – the needs and preferences of the audience for legal writing – and may even amount to indoctrination in stereotypes about law practice.

This article offers a closer look than past critiques at the actual depiction of the law-trained reader in some popular legal writing textbooks. These texts deliver surprisingly consistent messages about what lawyers are like, namely, extraordinarily impatient with other people (even in their thinking and reasoning processes); aggressively critical; and conservative and formalistic in outlook. Such over-generalizations about the audience for legal writing seem unlikely to help students improve their legal writing. Worse yet, uncritical presentation of these particular generalizations probably exacerbates student difficulties in reconciling their personal and professional identities during the first year of law school, and may impact female and minority students in a disproportionately negative manner.

Legal writing education should stop inviting law students to imagine the audience for their writing as extraordinarily impatient, aggressive critics, red pens and format guides in hand. Instead, we should develop more careful and reflective methods to assist students in negotiating between their personal and professional voices and grappling with the complex audiences and purposes for their legal writing.

It can be downloaded here!

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Young and Boyd on Same-Sex Partnerships in Canada

 Claire Young and Susan B. Boyd, both of the University of British Columbia Faculty of Law, have posted to SSRN their article, “Losing the Feminist Voice? Debates on the Legal Recognition of Same Sex Partnerships in Canada.”   Here is the abstract:  

Over the last decade, legal recognition of same-sex relationships in Canada has accelerated. By and large, same-sex cohabitants are now recognised in the same manner as opposite-sex cohabitants, and same-sex marriage was legalised in 2005. Without diminishing the struggle that lesbians and gay men have endured to secure this somewhat revolutionary legal recognition, this article troubles its narrative of progress. In particular, we investigate the terms on which recent legal struggles have advanced, as well as the ways in which resistance to the legal recognition has been expressed and dealt with. We argue that to the extent that feminist critiques of marriage, familial ideology, and the privatisation of economic responsibility are marginalised, conservative and heteronormative discourses on marriage and family are reinforced. Our case studies include two pivotal moments in the quest for legislative recognition of same-sex relationships: the Hearings of the Canadian House of Commons Standing Committee on Justice and Human Rights on Bill C-23, The Modernization of Benefits and Obligations Act, in 2000 and the hearings on Same-Sex Marriage in 2003. We find that the debates operated within a narrow paradigm that bolstered many existing hierarchies and exacerbated conditions for those who are economically disadvantaged.

The full text of the article is available here.

-Posted by Bridget Crawford

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Study Finds Women and Minorities Hurt by Media Consolidation

From the Feminist Weekly News:

Media consolidation cuts out women and minority television broadcast stations owners, according to a report released on Wednesday by Free Press, a nonpartisan media reform organization. The report, Out of the Picture: Minority & Female Ownership in the United States analyzed the demographics of television broadcast station owners and found that women and people of color are vastly underrepresented in station ownership. Women own fewer than 5 percent of all broadcast stations but constitute 51 percent of the US population. Minorities own just over 3 percent of all stations but constitute 33 percent of the US population.

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“Chavez’s Embrace of Iran Leader Insults Women”

Jennifer Fasulo has written an op-ed that begins as follows:

Hugo Chavez, one of the key figures in the left populist movements spreading throughout Latin America, has publicly lauded and embraced Iranian president Mahmoud Ahmadinejad.

Moments like this show just how little women’s lives matter in the world of nationalist politics.

Of course Venezuela and Iran have strategic political and economic interests in each other based on their roles as oil producers.

And one expects Chavez to condemn all U.S. military threats against Iran.

But there is no excuse for declaring solidarity with a theocratic regime that treats women like sub-humans. By embracing Ahmadinejad, Chavez is adding steam to the growing and dangerous alliance between left-wing and right-wing anti-imperialism.

In this equation, the only thing that matters is opposition to U.S. military power. Women’s rights, worker’s rights, student’s rights–the things that are supposed to matter to socialists, progressives and people of conscience–be damned.

Chavez appears not to have noticed that the current government of Iran has turned Iran into a country where gender apartheid and hatred of women are enshrined in law.

Read the entire piece here.

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“Study finds gender patent gap in life sciences”

According to this article:

Male academic scientists in life sciences secure patents at more than twice the rate of their female colleagues, according to a new study by the Ewing Marion Kauffman Foundation and researchers at Haas School of Business, University of California, Berkeley.

According to Gender Differences in Patenting in the Academic Life Scientists, published in the Aug. 3 issue of Science magazine, female academic scientists patent at about 40 percent the rate of men.

The study, which took a random sample of 4,227 life scientists over a 30-year period and conducted personal interviews with faculty scientists, found that 5.65 percent of the women in the sample held patents compared to 13 percent for men. Moreover, the male patent holders amassed a total of 1,286 patents, compared to only 92 patents secured by women scientists.

Researchers concluded that there was no evidence that women do less significant scientific research. Rather, they found that the most significant contributors to the large gender gap was their lack of exposure to the commercial sector and their lack of social networks, when compared to their male colleagues. The researchers also found concern among women scientists that pursuing commercial opportunities might hinder their university careers.

The researchers also noted that because scientists receive compensation when their patents are licensed from their university employers, the findings of the gender differences have implications for income levels. These differences may be amplified because patenting is often a precursor to faculty involvement in other compensated work with companies, such as appointments to scientific advisory boards (SAB) and consulting. In a related study, they found that of 771 SAB members in a large sample of young biomedical companies, only 6.5% were women.

On a positive note, the report did find that younger women scientists view patents as accomplishments and as a legitimate means to disseminate research. This view could narrow of the patenting gender gap over time, they said.

“Women faculty cite a disadvantage to their male colleagues due to the limited experience at the academic-industry boundary,” said Lesa Mitchell, vice president of Advancing Innovation at the Kauffman Foundation. “Lacking these connections, women find it time-consuming to gauge whether an idea is commercially relevant. Differences in the composition of their networks meant that the time cost of patenting was higher for women faculty.”

The researchers included Toby E. Stuart, Harvard Business School, Waverly W. Ding, Haas School of Business, University of California, Berkeley, and Fiona Murray, MIT Sloan School of Management, Massachusetts Institute of Technology.

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Links

“Should you stay with a man who buys sex?” at Feministing.

“Custody and Control: Conditions of Confinement in New York’s Juvenile Prisons for Girls” at Human Rights Watch (via Feministing).

“Safia Ama Jan, RIP” at Echidne of the Snakes.

“John Tierney, The Scientist of Sex Differences,” also at Echidne of the Snakes.

“Patriarchy, 1; Teenage Girls, 0” at I Blame the Patriarchy.

“Newsweek, Genia Shockome, and Glenn Sacks” at Red State Feminist.

“Bass Aide Resigns After Posing As Democrat On Blogs” at WMUR.com, see also this WaPo article.

“Rights, access, and dignity,” at Pinko Feminist Hellcat.

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Do The Four Part Trick!

See this cartoon character, who is vaguely reminiscent of the Hamburger Helper factotum? It’s “Henry The Hand.”
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Click here to hear his retro “Four Part Trick” theme song! Try not to giggle when the narrator says “Number two,” because that would be very immature. Did you know that December 3rd-9th, 2006 was “National Handwashing Week”? Henry The Hand has a job! It is reflected in his eponymous website’s mission statement:

To propagate Henry the Hand’s 4 Principles of Hand Awareness throughout the United States and the world, if we have enough resouces, just for the health of it.

1) WASH your hands when they are dirty and BEFORE eating.

2) DO NOT cough into your hands.

3) DO NOT sneeze into your hands.

4) Above all, DO NOT put your fingers into your eyes, nose or mouth!

Anything else you want to do with your hands, however, is just fine.

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Unregulated “Courts”

Today the NYT is featuring an article entitled “In Tiny Courts of New York, Abuses of Law and Power.” Here are the opening paragraphs:

Some of the courtrooms are not even courtrooms: tiny offices or basement rooms without a judge’s bench or jury box. Sometimes the public is not admitted, witnesses are not sworn to tell the truth, and there is no word-for-word record of the proceedings.

Nearly three-quarters of the judges are not lawyers, and many : truck drivers, sewer workers or laborers : have scant grasp of the most basic legal principles. Some never got through high school, and at least one went no further than grade school.

But serious things happen in these little rooms all over New York State. People have been sent to jail without a guilty plea or a trial, or tossed from their homes without a proper proceeding. In violation of the law, defendants have been refused lawyers, or sentenced to weeks in jail because they cannot pay a fine. Frightened women have been denied protection from abuse.

These are New York’s town and village courts, or justice courts, as the 1,250 of them are widely known. In the public imagination, they are quaint holdovers from a bygone era, handling nothing weightier than traffic tickets and small claims. They get a roll of the eyes from lawyers who amuse one another with tales of incompetent small-town justices.

A woman in Malone, N.Y., was not amused. A mother of four, she went to court in that North Country village seeking an order of protection against her husband, who the police said had choked her, kicked her in the stomach and threatened to kill her. The justice, Donald R. Roberts, a former state trooper with a high school diploma, not only refused, according to state officials, but later told the court clerk,”Every woman needs a good pounding every now and then.”

Here is an excerpt from a later portion of the article:

In 20 years in office in Haverstraw, north of New York City in Rockland County, Justice Ralph T. Romano drew attention for his opinions on women, state files show. Arraigning a man in 1997 on charges that he had hit his wife in the face with a telephone, he laughed and asked,”What was wrong with this?”Arraigning a woman on charges that she had sexually abused a 12-year-old boy, the justice asked his courtroom,”Where were girls like this when I was 12?”

Across the Hudson, Joseph Cerbone, the Mount Kisco justice with the miniature violin, persuaded a young woman to drop her abuse case against the son of a couple he had done legal work for. She told the commission that while she did not believe the justice’s claim that the son was”a decent guy”who had”made a mistake,”she had no choice.

I can tell you from direct experience that the same things happen in other states as well. I profoundly hope that this issue gets a lot of public interest and policy-maker traction as a result of this NYT coverage. It’s a story that needs to be told, and an issue that desperately needs to be addressed.

–Ann Bartow

UPDATE: Part 2 of the NYT series is available here, and I have to give the Paper Of Record a lot of credit for this.

Part 3 is accessible here.

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Blog for women’s rights in Pakistan

According to this BBC article: “Pakistan rape victim Mukhtar Mai has been in the international spotlight as a result of her campaign to seek justice for herself and other women in Pakistan. She has been writing a blog for the BBC’s Urdu website with the assistance of the BBC’s Nadeem Saeed.” Via Feministing, where you can read more.

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National Summit to Ensure the Health and Humanity of Pregnant and Birthing Women, January 18–21, 2007 in Atlanta

National Advocates for Pregnant Women and numerous co-sponsors invite you to attend the National Summit to Ensure the Health and Humanity of Pregnant and Birthing Women, Thursday, January 18– Sunday, January 21, 2007 at the Hilton Airport Atlanta, Atlanta GA

WHAT THIS SUMMIT IS ABOUT:

Today’s highly politicized and polarizing abortion debate creates the false and destructive illusion that there are two kinds of women — women who have abortions and women who have babies. The reality is that they are all the same women:

By age 25, approximately half of all women in the United States have experienced at least one birth.

By age 44, this figure is approximately 85%.

Sixty-one percent of women having abortions already are mothers, raising one or more children.

A majority of those having abortions, but not yet raising children will someday become mothers and spend much of their lives raising and caring for their children and other loved ones.

At least 15-20% of all pregnancies end in miscarriages or stillbirths.

All of these women are facing increasing limitations on access to care as a result of conflicts with professional organizations, imposition of religious directives in health care institutions, anti-abortion/fetal rights laws and rhetoric that affect all pregnant women including those continuing to term, and issues concerning health care financing that interfere with women’s ability to make decisions regarding their pregnancies, birthing options, the childbirth process, their lives and their families’ well-being.

The fundamental goal of the Summit is to bring people together who are committed to ensuring the health and humanity of all pregnant women — regardless of what their decisions may be — and recognizing that there are strong and diverse opinions about both abortion and about how best to birth a child.

Who should attend the Summit? Doulas, midwives, physicians, nurses and other reproductive health care providers, birthing rights activists, reproductive and social justice activists, and all who are committed to the health and humanity of pregnant women, their families and communities.

Learn more about this cutting-edge event here and here.

Register for the Summit here.

Summit phone: 347.427.9255; Summit fax: 866.684.7419
E-mail: summmit@advocatesforpregnantwomen.org

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That Date Rape Metaphor

Here’s a post, in its entirety, by a Supposedly Liberal Dude:

Welcome to DateRape…I’m Chris Wallace

Shorter Glenn Reynolds:

Defending oneself is counterproductive and only makes you look angry so you should just lay back and enjoy it, bitch.

If you click on the link through to Instapundit, you find a post about Bill Clinton and his relationship with the media, but nothing related to sexual assault, so apparently the rape references were either Supposedly Liberal Dudesque comedy stylings or cutting edge political analysis.

–Ann Bartow

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