Katherine Harris Is Female, Lest We Forget

I don’t have anything nice to say about Katherine Harris, and I would be very happy to see her lose every election she ever enters by a friggin’ landslide. What I don’t understand, however, is why an ostensibly liberal blogger would stoop to comparing her campaign to leaky breast implants, referring to her as LaToya Jackson, framing her lack of popularity with other Republicans as a dating issue by making reference to the book “He’s Just Not That Into You,” and topping it off with this graphic:

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Katherine Harris has a history of dishonesty and incompetence, and little support from her own party. She offers a plethora of mockable material unrelated to her gender, and the crass sexism is unnecessary, and offensive. Hey, Supposedly Liberal Dude, are we on the same side or not? Because this kind of crap really makes me wonder sometimes.

–Ann Bartow

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Mansfield Manliness Update

As noted here previously, Martha Nussbaum wrote a terrific review of Harvey Mansfields’s book Manliness (in the sense that her review was terrific, but not at all in the sense that she said the book was terrific, no, not that, not even close!). Apparently Mansfield finally got around to writing a rebuttal of sorts, as Scott Lemieux of Lawyers, Guns and Money explains here.

NB: Here is a link to a debate between Mansfield and Katha Pollitt, and here is an excerpt from a NYT interview Mansfield did when the book first came out.

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Random Things of Interest

Sherry Colb’s Findlaw column on the Teen Endangerment Act.

Dean Dad’s observations on “Academic Rubbernecking” and “A Quart of Liberty.”

Camicao’s Chamomile’s Theory Head Wanker Rant.

Angry Professor’s budget ponderings at A Gentleman’s C.

Classic television commercials at Bibi’s Box.

This sign (from here):
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Jolls & Sunstein, “The Law of Implicit Bias” — & Economic Analysis as Ally, Not Enemy, of Feminism

The latest work by one of the more prolific duos in progressive economic analysis of law, Christine Jolls of Yale (newly relocated from Harvard, in case you’re confused) and Cass Sunstein of U.Chicago, is The Law of Implicit Bias.   This article is just the latest in a long line of fascinating scholarship about how we’re all hopelessly racist and sexist how a great deal of discrimination is, although clear disparate treatment of groups A and B, committed by those unaware of their own biases:

ABSTRACT: Considerable attention has been given to the Implicit Association Test (IAT), which finds that most people have animplicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a
general strategy of “debiasing through law.”

For those who aren’t econ geeks like I am:   This article typifies how econ-minded scholarship no longer is dominated by Ayn Randian free-marketeers (e.g. Richard Epstein) who  insist that employment discrimination laws are unnecessary and inefficient meddling  with  free markets, because free markets  would not tolerate inefficient discrimination (which implies either (1) that discrimination either cannot exist, (2) that any discrimination that occurs  must be efficient, or (3) that big government leaves markets too un-free to elimimate discrimination).   Sure, some still make those free-market fundamentalist arguments — but increasingly, modern economic thought has left them behind.

I know some feminists think law & economics is the enemy, but it’s really just badly done law & economics that’s the enemy.   When reasonably nuanced and mindful of the social science evidence of how people actually behave in the real world, economic analysis  can be quite supportive of feminist causes and observations.

– Scott Moss

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The ACLU Sucessfully Prevents Sex-Segregated School in Louisiana

The ACLU’s account of the dispute (and its positive resolution) is here; the page includes a link to the Complaint it filed in its successful lawsuit. Recent discussions of sex-segregated education have transpired at feminist blogs such as The Happy Feminist and Pandagon. An op-ed by some ACLU lawyers warning that the idea won’t go away anytime soon is accessible here.

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Book Meme

I love books and I’m pretty sure everyone who reads this blog does as well. Nancy at Heavens to Mergatroyd tagged me with a book meme, so here goes:

1. One book that changed your life?

“The Fountainhead” by Ayn Rand, which I first read in ninth grade. Rand’s use of fiction to advocate for a particular political ordering is not subtle, and the message that hard work and “merit” could triumph over good-old-boyism was very appealing to a kid from a working class family, though even then I wished Roark hadn’t raped Dominique. My flirtation with Objectivism ended by the time I reached college, but it was a phase that made me a better critical thinker in the long run.

2. One book you have read more than once?

“The Women’s Room” by Marilyn French. I read it for the first time when I was in junior high school, then again when I was in law school, and for a third time fairly recently, and each time it inspired fresh insights and new reactions.

3. One book you would want on a desert island?

Have to copy and paraphrase Nancy and opt for either a desert island survival guide, or a book entitled “How to Escape from a Desert Island Containing Only One Book.” You can’t say we aren’t pragmatic!

4. One book that made you laugh?

“Advanced Sex Tips for Girls: This Time It’s Personal,” by Cynthia Heimel.

5. One book that made you cry?

Angel’s Ashes by Frank McCourt. For some reason that book has haunted me for many years.

6. One book you wish had been written?

“How to Explain Feminism So That It Makes Perfect Sense and Everyone Embraces It.”

7. One book you wish had never had been written?

There are a lot of books that are fairly egregious wastes of ink and trees; I don’t think I can pick just one.

8. One book you are currently reading?

“A Changed Man,” by Francine Prose. It’s the September selection for my book club.

9. One book you have been meaning to read?

“Case Histories” by Kate Atkinson. Friends have raved about it.

I tag: KC Sheehan, Jim Chen, Melissa Henriksen, and anyone in the FLP blogroll (in addition to KC!) who wants to play.

–Ann Bartow

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Your Eyebrows Were Too Thick! Now They Are Too Thin!

Or so the as the NYT advises in yet another breaking news story that comes helpfully illustrated with what it denotes as “Graphic: The Eyebrow Chronicles: A Tale of Pluck and Daring” (click the link for a larger rendering, or follow the NYT link above to see the full-sized original):

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Why the continually morphing eyebrow mores? Because your eyebrows need to match your outfits, and clothing fashions are ever changing, of course:

Some women who once plucked zealously are now hoping that the thin brown lines on their foreheads bloom into thickets. …

The fringed frons is making a comeback because of chunky, angular fall fashions, said James Kaliardos, a makeup artist in New York and Paris. Previous seasons were full of frilly, delicate, ladylike clothes best complemented by pink-hued cosmetics and a thinner hyper-groomed brow. But this season’s outfits with their pared-down constructivist silhouettes call for a more natural-looking face anchored by a prominent brow, he said.

But what if you don’t have the patience to grow out your eyebrows, or they are naturally on the thin side? Must you leave the house in a hat that falls mid-retina to hide this appalling facial deformity? Not necessarily, because luckily, there are plenty of NYT advertisers ready to help you solve your horrible eyebrow deficiencies if you have adequate time, motivation and expendable cash:

To achieve the furry but tamed Hemingway eyebrow, Ms. McGrath suggested an appointment with a professional eyebrow groomer.

“Giving yourself a beautiful eyebrow is not one of the easiest things to do,”Ms. McGrath said.

For those who want to create fuller brows at home, she suggested a way to ensure that they look evenly shaped. Start by drawing over the straggly hairs you want to remove with a white eyeliner pencil to guarantee that the placement is right before tweezing them.

Next, to create fullness, use a brow pencil or brow powder that is two shades lighter than your natural eyebrow color to fill in between the hairs. The brow should look blended rather than drawn on, she said. Finally, use clear mascara or eyebrow gel to fluff hairs : push them up so they are almost vertical : and then brush them back down, fixing them into shape, she said.

For those with very sparse brows, some salons offer eyebrow extensions. At LuxLash on Newbury Street in Boston, for example, Suzanne Cats, the owner, thickens brows by gluing a tiny fiber onto each existing hair. The process, which costs $75 to $250, can take 45 minutes to two hours and the false eyebrow effect lasts two weeks, she said. She also offers brow prosthetics : hairpieces for the eyebrows : in 20 different shapes and shades.

“It’s for women who previously had their brows made too thin,”Ms. Cats said.

The NYT story is entitled “Throw Away Your Tweezers” and I am sure that tweezer manufacturers will love it if you do, because anything as painful as hair tweezing cannot possibly be permitted to lapse permanently from the realm of socially obligatory grooming rituals. Sooner or later you will be called upon to ritually and zealously remove some patch of naturally occurring body hair from your body if you want to appear beautiful, and if you’ve followed the NYT advice to throw your tweezers away, you’ll need to buy a new pair, so everyone wins except you. Me, I’m thinking the NYT should pluck off.

–Ann Bartow

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“Indian premier calls for end to killing of unborn girls” which I guess is better than nothing…

According to this article:

Prime Minister Manmohan Singh called on parents in India to stop seeing girls as an economic liability and to end the practice of killing unborn female foetuses. Singh’s appeal on India’s 59th Independence Day came four days after the grisly discovery of 25 female foetuses from a private clinic in northern Punjab state, which has the country’s lowest sex ratio due to rampant female foeticide.

“We must end the crime of female foeticide. We must eliminate gender disparity,” Singh said in an address to the nation.

“We have a dream of an India in which every woman can feel safe, secure and empowered. Where our mothers, sisters and daughters are assured a life of dignity and personal security,” he added.

A study by British medical journal The Lancet said this year that India may have lost 10 million unborn girls in the past 20 years, but Indian experts say the figure is not more than five million. Under Indian law, tests to find out the gender of an unborn baby are illegal if not done for medical reasons, but the practice continues in what activists say is a flourishing multi-million dollar business.

Premier Singh urged parents not to neglect their girl children.

“It should be ensured that every young woman is educated and skilled and capable of guiding a new generation,” he said.

Punjab state has 798 girls for every 1,000 boys under the age of six while the national average is 927 — still well below the worldwide average of 1,050 female babies. Girls in India are often considered a liability as parents have to put away large sums of money for dowries at the time of their marriage. Centuries of tradition also demand that couples produce at least one male child to carry on the family name. Many grooms demand dowry well beyond the means of families of their spouse — demands which often result in the killing of newly-married women.

According to the National Crime Records Bureau, India in 2004 posted 19 dowry-related deaths every day but women’s organisations say the actual figure is 10 times higher.

I was too depressed by this article even to post it when I saw it a few days ago. Simply “callling on parents” to “stop seeing girls as an economic liability” isn’t likely to accomplish much of anything. The country needs to start providing girls with educational and employment opportunities that enable them to be self supporting and independent, so that marrriage is a choice, not a necessity. If girls could earn their own livings, in basic economic parity with men, parents would not see them as “expensive,” suitors would have a much harder time demanding doweries, and the killings would diminish. This is what the Prime Minister needs to be calling for, and working towards.

–Ann Bartow

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Bush Approves Pension Tax Law with Benefits for Same-Sex Couples

According to the Daily Feminist News:

President Bush signed the Federal Pension Protection Act, which includes two provisions that will greatly benefit same-sex couples and other non-spouse beneficiaries. The first provision allows the transferal of a deceased person’s retirement plan benefits into her or his domestic partner’s Individual Retirement Account without incurring taxes. Previously, the partner of the deceased had to withdraw the entire amount of the benefits in one lump sum and claim this amount as part of her or his taxable income. This often brought the survivor into the next tax bracket, forcing the survivor to pay higher taxes on the rest of her or his taxable income.

The second provision allows same-sex couples to draw on their retirement funds when faced with a medical or financial emergency. Married couples previously had this emergency access to each other’s retirement benefits.

For more information about the Act generally, see the Workplace Prof Blog and The ERISA Blog.

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Meet DC Comics’ “Supergirl”

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Here she is fighting crime in a very short skirt, and miniscule underwear, if any.

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Here she is taking off her jacket to go through airport security. Hope that’s not a gel bra.

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Here she is fighting “Power Girl,” who seems to have an ass sutured to her chest, and a belt that is securing an invisible article of clothing.

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Which is More Unlikely?

A bikini model who is also an engineer?

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Or a mainstream comic strip that doesn’t take cheap shots at women?

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Gender, Women and Health

The World Health Organization’s Department of Gender, Women and Health has announced a new publication, WHO Multi-country Study on Women’s Health and Domestic Violence against Women:

Report findings document the prevalence of intimate partner violence and its association with women’s physical, mental, sexual and reproductive health. Data is included on non-partner violence, sexual abuse during childhood and forced first sexual experience. Information is also provided on women’s responses: Whom do women turn to and whom do they tell about the violence in their lives? Do they leave or fight back? Which services do they use and what response do they get?

The report concludes with 15 recommendations to strengthen national commitment and action on violence against women.

Another recent WHO publication is a summary of the “So What?” report, which is “intended to present policy-makers and programme managers with a clear and accessible picture of what happens when gender concerns are integrated into reproductive health programmes.”

More information on the work of the WHO’s Department of Gender, Women and Health (GWH), from its webpage:

GWH brings attention to the ways in which biological and social differences between women and men affect health and the steps needed to achieve health equity.

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The main focus of GWH is to promote the inclusion of gender perspectives in the work of the WHO by collaborating with other departments and regional and country offices. It aims to increase knowledge of gender issues by conducting selected research, training and advocacy on how socio-cultural factors and discrimination affect health.

While gender affects the health of both men and women, the department places special emphasis on the health consequences of discrimination against women that exist in nearly every culture. Powerful barriers including poverty, unequal power relationships between men and women, and lack of education prevent millions of women around the world from having access to health care and from attaining : and maintaining : the best possible health.

–Stephanie Farrior

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In the “Meathead Male Judge” Department…

KENTON, Ohio (AP) — A judge decided two high school athletes can complete the football season this fall before they serve 60-day jail sentences for a car crash caused by a decoy deer placed in a country road. Two teens were injured.

“I shouldn’t be doing this, but I’m going to. I see positive things about participating in football,” Judge Gary McKinley said Tuesday.

Dailyn Campbell, a 16-year-old quarterback for Kenton High, and 17-year-old teammate Jesse Howard . . . stole the decoy from a man’s home, created a base to help it stand upright because it had only two legs, and then drove up and down the road, watching as drivers swerved to avoid it. . . .

Robert Roby Jr. crashed his car into a pole and broke his neck, collarbone, arm and leg. His passenger, Dustin Zachariah, suffered brain damage, Bailey said.

So two meathead football players cause a car accident recklessly and 100% foreseeably — arguably so foreseeably that this is worse than drunk driving. Fortunately for them, Judge Gridiron (pretty much these two lunkheads 20 yrs later) thinks so highly of football that he makes extra-special-sure their much-deserved sentence doesn’t interfere with The Most Important Thing In Life.

This fiasco isn’t gendered on its face, but c’mon: does anyone think a sentence would be suspended like this for a girl’s gymnastics meet, an academic event, a single mom’s child care convenience, or a working adult’s job needs? No, this judge give special privileges only to high school football stars.

Here’s an argument this judge might’ve found persuasive: this was an egregious crime because it’s harder to play football for the teenage boy with brain damage and the other teenage boy with the broken neck, collarbone, arm and leg.

– Scott Moss

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“Third Wave Feminism and the Politics of Motherhood”

“Third Wave Feminism and the Politics of Motherhood” is the title of an essay by Mary Thompson, a literature prof at James Madison U, that was published in the Genders Online Journal. Below are the first two paragraphs:

[1] The publication of Breeder: Real-Life Stories from the New Generation of Mothers (2001), co-edited by Ariel Gore and Bee Lavender, marks a shift in the attention of third wave feminists away from the role of rebellious daughters to the role of motherhood. This essay investigates the politics of motherhood in Breeder by extension the third wave’s thinking on reproductive rights and motherhood. While Breeder recounts the experiences of young women carrying on the feminist struggle for reproductive rights and childcare, it also reveals the third wave’s problematic celebration of”choice.”Breeder’s mission falters when compared with Sapphire’s novel PUSH (1996), a feminist work of fiction about an African American teenage mother with two children living in Harlem. Sapphire’s novel conjures the genealogy of the term”breeder”as a racist label for black mothers from slavery through welfare reform. My comparison of Breeder and PUSH shifts the term”breeder”out of Gore and Lavender’s counterculture space by invoking this older, racialized use of the term. The haunting of the term”breeder”by this older use is emblematic of how Gore and Lavender’s collection is haunted for me, as I will explain, by Sapphire’s novel.

[2] While the explicit message of Breeder is a feminist celebration of reproductive choices, the text also asserts that young (counterculture) women, typically assumed too financially unstable to parent, participate in what Douglas and Michaels term”the new Momism,”and, as choice-making consumers, are thus culturally acceptable mothers. By performing their legitimate claim to motherhood through their consumer choices, the young authors in Breeder mask how class-based and race-based privileges”trump”the disadvantages of youth in the cultural struggle to define”good mothers.” From my use of these two texts in the classroom, I came to realize that the legitimization of the mothers in Gore and Lavender’s text is based upon an invisible, cultural de-legitimization of other”breeders.” Based on student response to Sapphire’s novel and to Gore and Lavender’s text, I argue that Breeder’s celebration of the choice to follow unconventional paths to motherhood celebrates the privilege to make reproductive choices and, as Ricki Solinger argues, does the ideological work of distinguishing legitimate choice-making mothers from”bad”choice-making mothers.

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Carnival Against Sexual Violence #5

Up at Abyss2hope.

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Plan B can prevent pregnancy and, therefore, abortion.

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Educational information about Plan B is available here and here. The Barr Pharmaceuticals (makers of Plan B) site is here.

A recent NYT article about Plan B is here. Ellen Goodman’s column criticizing the FDA’s decision to make Plan B available only to women 18 and older can be accessed here. Coverage of the legal issues by the Center for Reproductive Rights is available here.

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Feminist Legal Theory For Beginners?

I got a nice and very funny e-mail from an FLP reader who asked whether this blog could begin posting accessible overviews of feminist legal theory for folks who are interested but haven’t been exposed before. It’s an interesting idea and I’m thinking about useful ways to approach such a project. For now, I’m going to list some books that I think do a pretty good job of laying out the basics. If anyone has other recommendations, by all means leave them in the comments or e-mail them to me and I’ll add them to the list.

Introduction to Feminist Legal Theory (2d edition) by Martha Chamallas (Aspen 2003). This book is a kind of treatise, written by one person in a consistent and largely neutral voice, that provides an overview of the basic concepts of feminist legal theory. I think Martha Chamallas did a great job of explaining a lot of complicated concepts in clear, accessible language, and it’s a terrific primer for beginnners. If I was going to teach Feminist Legal Theory to students who were not necessarily feminists, or positively inclined towards feminism themselves, this would be the book I’d rely on initially.

Feminist Legal Theory: A Primer, by Nancy Levit and Robert R.M. Verckick (NYU Press 2006). This book is also excellent. It describes the intersection of feminism and specific social issues in somewhat greater detail than the Chamallas book, with a bit more authorial viewpoint. If someone was teaching Feminist Legal Theory to students who had self-selected into a course because they were specifically interested in feminism, this book would be a great choice.

Feminist Legal Theory: Readings in Law and Gender, edited by Katharine T. Bartlett and Rosanne Kennedy (Westview 1991),

Feminist Legal Theory Foundations, edited by D. Kelly Weisberg (Temple U. Press 1993); and

Feminist Legal Theory: An Anti-Essentialist Reader, edited By Nancy E. Dowd and Michelle S. Jacobs (NYU Press 2003).

These three books are collections of articles and essays by a wide range of feminist legal scholars on a variety of compelling topics. Most of the constituent works of all three books were written for an audience that already knows something about feminist legal theory, although each book also contains a few relatively introductory offerings. The Bartlett & Kennedy and Weisberg books contain very diverse voices and topics, while the Dowd & Jacobs book is more narrowly focused on works that are expressly anti-essentialist (i.e. discuss the impact on and importance to feminism of differences between women).

There are a lot of other terrific books about feminist legal theory, but these are my initial recommendations for newcomers to the field.

–Ann Bartow

UPDATE: Another great book for teaching purposes is a text book: Gender and Law: Theory, Doctrine, Commentary (4th edition) by Katharine Bartlett and Deborah Rhode (Aspen 2006). Feminist law prof Vernellia Randall has taught a “Gender and the Law” course using earlier editions of this book, and her 2004 course website is accessible here.

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Martin Katz on the Riddle of “Causation” in Employment Discrimination Law

Here’s a paper for anyone with an interest in employment discrimination or related fields involving tricky issues of proving discriminatory motive (e.g., consumer or housing discrimination). Martin Katz of U. Denver Law recently published The Fundamental Incoherence of Title VII: Making Sense of Causation in Disparate Treatment Law, 94 Georgetown Law Journal 489 (2006). Here’s the SSRN link, and here’s the abstract of the paper:

Suppose that an employer fires an employee for two reasons: because the employee is a woman and because she is habitually tardy. In such a “mixed motive” case, can we say that the employee was fired “because of” her sex, as required by most anti-discrimination laws?

The answer depends on what type of causation the law requires. But Congress has not specified what type of causation is required. Title VII of the Civil Rights Act of 1964 provides no guidance on this issue. Nor do most of the disparate treatment statutes passed since that time. And while Congress had the opportunity to answer this question definitively in the Civil Rights Act of 1991, it failed to do so coherently. As a result, courts have struggled to find an appropriate standard of causation, generating a thicket of vague, undefined, and often-conflicting tests and formulations.

This Article cuts through that thicket, providing a comprehensive framework of potential causal concepts based on the literature of logical causation. Armed with this framework, this Article demonstrates that the law’s current approach to causation is fundamentally flawed in two critical respects: First, current doctrine is ineffective at prohibiting discriminatory decision-making. Second, current doctrine is one-sided in its approach to compensation, favoring defendants over plaintiffs – even when the defendant has engaged in blameworthy conduct and the plaintiff is blameless. This Article concludes by proposing a series of reforms, including a new standard of causation (a “necessity-or-sufficiency” test) similar to the “substantial factor” test in tort law, and a comparative fault rule for determining compensatory damages.

– Scott Moss

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“Victorious Transsexuals in the Courtroom: A Challenge for Feminist Legal Theory”

Written by Anna R. Kirkland, this article was published in Law & Social Inquiry, Vol. 28, No. 1, pp. 1-37, March 2003, but very recently made available for downloading here at SSRN. Below is the abstract:

Transsexual and transgendered people, despite their exclusion from most civil rights laws, nonetheless occasionally prevail as plaintiffs in litigation. What should feminist legal theorists make of these victories? The theory one uses to win has implications for future conceptions of gender and sexuality in the law as well as for understanding contemporary conflicts and alliances among sex and gender theorists, lawyers, and activists. Conflicting theories of how to ground law’s liberation claims abound, however. Evidence suggests that transsexuals secure legal victories only through a disheartening process of medicalization, normalization, and demonstration of traditional sex and gender role adherence. Recent cases, however, reveal some interesting destabilizations in law’s account of the transsexual, and provide critical legal scholars with a new perspective on rights-claiming as a liberation strategy. Attention to the diversity of transsexual and transgendered priorities as well as to the properties of the legal process shows feminist legal theorists how to navigate the problems of identity construction and legal protection raised here sympathetically but unromantically.

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“Feminist Praxis in a Trade Union Gender Project”

“Feminist Praxis in a Trade Union Gender Project” by Sue Ledwith appears in Industrial Relations Journal, Vol. 37, No. 4, pp. 379-399, July 2006. It can be downloaded here. Below is the abstract:

“Research as political feminist engagement is explored through analysis of a collaborative west-east European gender equality project with trade union women. Similarities with and differences between forms of labourist and feminist research praxis are discussed. These are brought together through the Freirian concept of conscientizacao or conscientisation, a dialogic pedagogy which has at its core the dialectic of reflection and action. It is proposed that such a framework can be usefully deployed for gendering analysis of ‘engaged’ industrial relations.”

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International Aids Conference Taking Place in Toronto

Media coverage here. Below is an excerpt from an essay by Dorothy Aken’ova, who writes:

… In many places, including northern Nigeria where I work, tradition and poverty still dictate that girls as young as 12 marry older, sexually experienced men. Across Africa, a woman’s right to choose whether and with whom to have sex is not respected. In South Africa, for instance, 30 per cent of women say their first intercourse was forced, and 71 per cent say they experienced sex against their will.

It is these rights violations that continue to fuel the spread of HIV/AIDS. In Nigeria, 58 per cent of people living with HIV/AIDS are female. In Africa, 77 per cent of all new infections among young people are occurring in girls. Globally, 7,000 girls and women are infected with HIV every day. In short, the world’s failure to make effective commitments to women’s health and rights has been commuted to a death sentence for far too many.

How did this happen? World leaders are comfortable talking about HIV/AIDS. But they shy away from sexual rights. Too many of us live and work in contexts where any phrase that includes S-E-X is taboo, where a girl is considered too young to know about sex but old enough to die.

Stopping new infections requires a comprehensive approach, not just abstinence until marriage or directives to be faithful or use condoms. We can slow the pace of this epidemic if we promote mutual respect between men and women. …

And here is an excerpt from the AIDS Notebook by Unnati Gandhi:

HIV as a weapon of war

About two dozen women huddled close to each other on couches and pillows in the conference’s Global Village yesterday as Anne-Christine D’Adesky described a gruesome but often unreported aspect of how the HIV epidemic is spreading in sub-Saharan Africa.

The intentional use of HIV and rape as weapons of war in the Democratic Republic of Congo, northern Uganda, Chad and Rwanda have left hundreds of thousands of women and children recovering from attempts to decimate their populations, said the executive director of San Francisco-based Women’s Equity In Access to Care and Treatment (We-Act).

“The international community really needs to recognize and respond to the fact that rape and HIV are being used as weapons of war.”

Ms. D’Adesky said prevalence rates of HIV in women and children in war-torn northern Uganda, for example, are two to three times higher than the rest of the country, where upwards of 50 per cent of the country’s soldiers are HIV-positive, she said.

“Here you have a situation where you have global fund money coming in and you have international plans being rolled out but we’re not dealing with what we think is a major source of infection. ….. Mass rape and sexual violence are the real engines of the HIV epidemic and need to be addressed.”

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Rethinking the Ova, the Sperm and the Metaphors of Reproduction

All the way back in 1992 Discover published a story called The Aggressive Egg, which discussed the work of anthropologist Emily Martin. Below is an excerpt:

…As she began her background studies, Martin was surprised to find that popular literature, textbooks, and even medical journals were crammed with descriptions of warrior sperm and damsel-in-distress eggs. Martin found that classic biology texts, for example, enthused about the human male’s amazing productivity–some 200 million sperm every hour–while practically complaining over the waste of the 2 million immature eggs present in the human female at birth, only some 400 of which the ovaries ever shed for possible fertilization, with the rest destined to degenerate over the woman’s lifetime. The real mystery, says Martin, is why the male’s vast production of sperm is not seen as wasteful.

Less mysterious, in Martin’s opinion, was the motivation for such biased language. Men link potency to strong sperm, she says. You’d like your sperm to be like you; no wonder everyone believed sperm were torpedoes. In all her searching, Martin came up with only a single depiction of less-than-mighty sperm: Woody Allen’s portrayal of a neurotic sperm nervous about his imminent ejaculation in the movie Everything You Always Wanted to Know About Sex But Were Afraid to Ask.

Woody Allen aside, the durability of the masterful-sperm imagery astonished Martin. It continued to dominate the contemporary technical and popular literature despite a growing body of evidence that the egg plays anything but a passive role. From the early 1970s on, studies of the sperm and eggs of many species have revealed that molecules released by the egg are critical to guiding and activating the sperm–that is, triggering the sperm to release proteins that help it adhere to the egg. In fact, the egg might just as well be called eager as passive. Among many species of lizards, insects, some crustaceans, and even turkeys, the egg doesn’t always wait for the sperm’s arrival. It can begin dividing without fertilization, and females can reproduce without sperm at all.

“Yet none of this had made a dent in biologists’ language. When I asked them about it, they told me I had a point, says Martin. They claimed the imagery came up only when they needed to explain their research, and not in the lab. But I wanted to know what was really going on.”

By 1986 Martin had begun hanging out with a team of researchers at Johns Hopkins who were observing sperm mobility in hopes of coming up with a strategy for a new contraceptive. They had started the year before with a simple experiment–measuring human sperm’s ability to escape and swim away from a tiny suction pipet placed against the side of the sperm cell’s head. To the team’s great surprise, the sperm turned out to be feeble swimmers; their heads thrashed from side to side ten times more vigorously than their bodies pushed forward. It makes sense, says Martin. The last thing you’d want a sperm to be is a highly effective burrower, because it would end up burrowing into the first obstacle it encountered. You want a sperm that’s good at getting away from things.

The team went on to determine that the sperm tries to pull its getaway act even on the egg itself, but is held down against its struggles by molecules on the surface of the egg that hook together with counterparts on the sperm’s surface, fastening the sperm until the egg can absorb it. Yet even after having revealed the sperm to be an escape artist and the egg to be a chemically active sperm catcher, even after discussing the egg’s role in tethering the sperm, the research team continued for another three years to describe the sperm’s role as actively penetrating the egg. …

Here is another snippet that helps explain the importance of her work analyzing how medical language about women’s bodies not only reveals gender based cultural assumptions, but effects the quality of scientific research itself:

“…the cultural conditioning these biologists had absorbed early in their careers influenced more than their writing: it skewed their research. I believe, and my husband believes, and the lab believes, that they would have seen these results sooner if they hadn’t had these male-oriented images of sperm. In fact, biologists could have figured out a hundred years ago that sperm are weak forward-propulsion units, but it’s hard for men to accept the idea that sperm are best at escaping. The imagery you employ guides you to ask certain questions and to not ask certain others.”

Article via Amananta at Screaming Into the Void. Emily Martin published a book on this topic called The Woman in the Body in 1987. It was reissued in 2001 with a new cover and preface:

woman body.jpg

In 2006, websites like “WebMD” are still describing fertilization as follows: “If sperm does meet and penetrate a mature egg after ovulation, it will fertilize it. When the sperm penetrates the egg, changes occur in the protein coating around it to prevent other sperm from entering.”

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Aaron Sorkin’s Issues with Women

I was about to comment on the below post about Studio 60, Aaron Sorkin’s new TV show, but I realized that what I had to say was on the long side, so I figured it would be a decent use of my guest-blogging privileges….

I love Aaron Sorkin’s work. The West Wing is the best-written and most intellectually substantive TV show I’ve ever seen; his prior series, Sports Night, was just as brilliant and, if anything, more pure fun. I own DVDs of both series and have seen them many times.

That said, Sorkin has a huge weakness in his game: he has serious issues with women that, over time, became quite glaring on West Wing.

(1) Lack of Diversity: At some point, it became startling that Sorkin’s fantasy liberal White House was less gender- and racially diverse than the Bush White House.

(2) Men Are from Mars — and Smarter: At least that’s the world according to Sorkin. A favorite plot device was to have one character explain a complicated political issue to another. It almost always was a Smart Man explaining to an Ignorant Woman: Sam explaining the census to CJ (who gushed about how smart he is); Josh explaining many, many things to Donna.

(3) Condescension about Smart Women: Sorkin repeatedly had characters express amazement at the few women he allowed to be smart. In one early episode, Chief of Staff Leo (talking to the President) pointed across the room and said, “look at Mandy – holding her own against Toby!” (Mandy had a PhD, while Toby was never assigned any impressive educational background.) When a genius conservative young lawyer (played by Emily Procter) joins the White House, the plotline is mainly about how incredibly smart she is — but her intellect wasn’t really that well displayed, and the male characters endlessly discuss her looks — with Toby (one of the “smart men”) actually saying that if you’re an attractive Republican woman, it means you’re an opportunist (whereas no character ever said anything about attractive men on either side of the political fence).

(4) “Girl”=Weak in Sorkinspeak: When that genius conservative young female lawyer  badly beats Sam (Rob Lowe’s character) in a televised debate, Josh’s comment: “Sam’s getting beaten by a girl!” When Sam (in another episode) didn’t like some liberal speechwriters’ juvenile writing, he complained, “this looks like it was written by a high school girl.” (Sorkin actually tried to justify that by having Sam explain that he knew a lot of women who were great writers — “but this,” Sam further explained, “looks like it was written by a girl.”)

Some gender issues you can pin on a generational divide; we all know some otherwise well-meaning guy who can’t get past the gender norms he learned 50 years ago. But Sorkin didn’t learn his gender norms during the New Deal; he’s only 45 years old. He really, really should know better, and the fact that he doesn’t… well, it genuinely hurts his otherwise amazingly impressive writing. His shows sound like they’re written by a phenomenally talented guy who’s progressive on every issue except for the fact that he’s unable to understand the state of gender equality in the modern world, and therefore unable to portray that world effectively.

– Scott Moss

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PepsiCo Names New Female Chief Executive

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Indra K. Nooyi, currently Pepsi’s chief financial officer, is being promoted to chief executive. The NYT story is here, and it does not mention her marital status or whether she has children, which is interesting.

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Sorkin’s New Show: “Studio 60 on the Sunset Strip”

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And the cast?

Matthew Perry
Bradley Whitford
Amanda Peet
Steven Weber
Sarah Paulson
D.L. Hughley
Nathan Corddry
Evan Handler
Carlos Jacott
Timothy Busfield

Mostly white, and mostly male.

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Study Finds Link Between Degrading Song Lyrics And Teen Sex

From Raw Story:

A new study published Monday has found that teenagers who listen to music with raunchy sexual lyrics are more likely to have sex at a younger age than those who don’t listen to sexually explicit music. Though the result appears to be obvious, the study published in the August issue of Paediatrics, the journal of the American Academy of Paediatrics, claims to be the first to examine the relationship between the music that teens listen to and their sexual development.
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The authors tracked the sexual behaviour and musical tastes of 1,461 US adolescent participants in reference to 16 top artists whose lyrics “depicted sexually insatiable men pursuing women valued only as sex objects.”

Among heavy listeners of sexually degrading music – where men are “studs” and women are sex objects – 51 per cent started having sex within two years, versus 29 per cent of those who listened to little or none of that type of music.

“Adolescents who listen to a lot of music containing these objectifying and limiting characterizations of sexuality progress more quickly in their sexual behaviour, regardless of their race or gender,” said Steven Martino, the study’s lead author and a researcher for the Rand Corporation.

Martino said there was no correlation found between sexual behaviour and sexualized lyrics that were not degrading in tone.

Martino said that degrading lyrics teach boys to relentlessly pursue women, while girls view themselves as sex objects.

“We think that really lowers kids’ inhibitions and makes them less thoughtful,” he said.

The study abstract is available here; the full text of the study report is available here.

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“Mixed Media Watch”

“Mixed Media Watch is a blog that monitors representations of mixed people, couples, families and transracial adoptees in film, television, radio and print media.” Via Feministing, which helpfully provides some background.

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Granny Blogs About Cancer

Liz at Granny Gets A Vibrator has been blogging about her cancer diagnosis and treatment, and doing so with a lot of courage, and also humor and photos.

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Hey Feminist Bloggers! Write a Guest Post For This Blog And Win A Tee Shirt!

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E-mail orginal, signed, substantive commentary (pseudonyms okay) to feministlawprof (at) yahoo dot com for posting here, and I’ll arrange for you to receive one of these in the style and size of your choice! Limit of 15, unless I get a raise or something quick. Feminist Law Profs in the blogroll are eligible. Note to Belle Lettre: You already qualify, so e-mail me your tee shirt selection!

–Ann Bartow

CLARIFICATIONS: Topic must involve some aspect of feminism, and by “original” I mean, “hasn’t been published anywhere before” although contemporaneous crossposting is certainly fine.

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License To Choose

The Orlando, Florida NOW chapter is running a “Pro-Choice License Plate Contest.” From the website:

LicenseToChoose.org is the website representing a committed group of individuals focusing our efforts on the design and application for a Pro-Choice specialty license plate for Florida vehicles.

The idea was an outgrowth of the Orlando Florida Chapter of the National Organization for Women. We felt that Pro-Choice motorists are currently denied the opportunity to express their views on a government issued, specialty license plate.

Currently, Floridians have about 100 different automobile license plate designs from which to choose, and each one purchased contributes to it’s specific cause. There are specialty plates for sports teams, colleges, manatees, and there’s one that says “Choose Life”. The funds raised from sales of these “Choose Life” license plates are specifically prohibited from going to agencies that even refer to termination as an option to an unwanted pregnancy. The intent of our Pro-Choice License plate will be to fund agencies and organizations that provide information on all reproductive choices.

According to the State of Florida, more that 60,000 Choose Life plate are on the road having raised nearly $4,000,000. Sales and renewals add about $70,000.00 every month.

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“Fashion’s Cutthroat Edge”

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Feminist Law Prof Susan Scafidi got a nice mention in today’s NYT, as follows:

FOR about a decade, Susan Scafidi, an associate law professor at Southern Methodist University, maintained a file on the fashion industry in her office”and the latest Vogue hidden in my briefcase,”she writes on her blog, Counterfeit Chic (counterfeitchic.com).

For most of that time,”fashion seemed a little too cutting-edge for the ivory tower,”she writes. But now,”with a multimillion-dollar counterfeits crisis and the new challenge of fast fashion, it’s time to come out of the closet!”

The blog shows just how action-packed the counterfeit situation has become. Most days, Ms. Scafidi posts one or two items to which she lends some in-depth, knowledgeable commentary. And each week, she posts a long list of newsy links to articles and blog posts from across the globe about police stings, internecine industry battles and efforts by both governments and fashion houses to somehow stem the flood of knockoffs.

When it comes to intellectual property, media piracy gets most of the attention, she notes, but fashion fakery is also highly costly for producers and has been around a lot longer.

There are big differences between them, thanks to what Ms. Scafidi calls”the culture of the copy”within the fashion industry, which is far different from the music and movie industries.

“The history of fashion is a tale of innovation, but also of imitation,”she writes.”Trendsetters create and embrace new styles, but without copycats there would be no trends. This paradox lies at the heart of Counterfeit Chic.”

Until recently, intellectual property law generally stayed away from fashion. Ms. Scafidi examines the legal trends, but also”the cognitive and sociological reasons that make us want to buy or reject knockoffs in the first place.”

“It’s about political and legal developments,”she writes,”but also about why both technological efforts and the social norms of the fashion industry continue to be more effective than law in supporting creativity.”

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Catholics Want Female Priests

Some of the feedback I got about my prior post about the Catholic Church excommunicating women who tried to become priests was of this variety: why should the Church care what you (a  non-Catholic) think?   On one level that’s fair (a group of which I’m not a member need not take my views into account), though on another level it’s not: I’m an American and a professor of employment discrimination, and a major employer in my country is blatantly discriminating in its hiring.

But let’s assume that the “who cares if non-Catholics perceive sexism” perspective is fair.   The real problem for those who defend Church orthodoxy is this: most Catholics agree with me, not them.   That’s not just my hunch: it’s the result of a Zogby poll commissioned by Jesuit priests reported in an “orthodox Catholic perspective” publication:

[In a] poll of Catholics … 53% want women to be priests, and 54% want priests to be allowed to marry….   61% rejected the statement that “artificial birth control is morally wrong.” Even among the 46% who are weekly Mass-goers, 54% disagreed with that ancient, papally upheld condemnation of contraceptive sex.

This shows a puzzling anomaly … , since 72% strongly agreed they should stand up for and live according to Catholic values, … accept the Pope’s infallibility, and believe their bishops and pastors are doing a good job. Even so there is not only dissent on the above-mentioned issues that both Pope and bishops insist are binding, but 64% think the Church is wrong to withhold Communion from Catholics in invalid “marriages.”

Don’t respond by telling me, “this is a biased poll”: Zogby is a respected pollster; and the self-described “orthodox Catholic” publication reporting this didn’t attack the methodology, but instead simply blamed the results on the following:

(1) a bizarrely condescending  view that Catholics can’t answer such questions accurately (“these issues touch too close to home for a majority of Catholics to make an objective judgment”);

(2) the decades-old Vatican II reforms that are today quite uncontroversial (“more than a generation of post-Vatican II catechetics has failed to hold a majority of Catholics to Catholic thinking,” this paper dubiously asserted as a reason Catholics are more progressive on gender than is their Church), and

(3) “the damaging role of the press” — the last resort of those who simply dislike some piece of news that the press report.

In short, y’all are right that my opinion isn’t what the Church has to worry about; it’s the opinion of a majority of Catholics, mainly on gender discrimination, family, and  sexuality, that the Church has to worry about.   I doubt that it’s a great long-term strategy for Church orthodoxy defenders to ignore the issue by trying to pass the blame to past reformers, the media, and the ignorance of dissenting Catholics.

– Scott Moss

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“Modesty and raunch culture: two sides of the same sex-negative coin”

That’s the title of a post by Tekanji at Alas, A Blog. It is very thought provoking, and at least as of this writing, the comments in response are well worth reading too.

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Funny Links

Possible laughs are here, and here, and here and here.

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“When men were men:without irony and Banana Republic.”

Slate has a provocative article about “To Hell With All That: Loving and Loathing Your Inner Housewife,” by Caitlin Flanagan, and “Manliness,” by Harvey Mansfield up here. Below is an excerpt:

… Flanagan and Mansfield are united in nostalgia for a kind of Douglas Sirk version of the ’50s, without the irony, in which men provided, led, fought, and defended, and women cultivated, nurtured, healed, and willingly acquiesced to men’s desires.

Like many of my peers born in the late ’60s and ’70s, in the heyday of what was once called women’s liberation, I’ve grown somewhat inured to hearing that feminism is dead, that tradition is back, that equality is a fantasy, that career women and their partners can’t, as the phrase goes, have it all. Hearing it, and ignoring it, because in my own life:brought up listening to Free To Be … You And Me by a mother who worked long hours as a hospital executive, and a father who quit his job at 50 to work at home and support her career:self-determination for women was never exactly an idea up for debate. I’m a husband who shops, cooks, cleans, does laundry, and has a full-time job, so hearing Flanagan and Mansfield prattle on about how only women are hard-wired to do housework makes me want to laugh.

What’s most distressing about these books, however, isn’t that they play on ancient prejudices and dredge up empty stereotypes, but that they aren’t being met by a fusillade of other, better books:books that examine contemporary relationships and gender roles without panic, dread, or shame. This is particularly true, of course, when it comes to books about men. We’ve recently seen much debate about the hazards of boyhood (exemplified by Michael Thompson’s book Raising Cain) but little reflection on what happens afterward: that is, on what it means to grow up. …

Read the whole thing here. Via Feministing, where Vanessa has some interesting observations as well.

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Bloggers In Real Life

There are lots of law professor bloggers, and law profs alone form a nice if somewhat insular blogging community. I know many of them in real life, and I always enjoy catching up with them at conferences. I have more in common with some than others, but all are relentlessly cordial in person, even the ones I’m tweaked a bit here or at Sivacracy.

Last fall I went to Drinking Liberally in Philadelphia, and got to make the acquaintance of a number of cool bloggers, including Roxanne Cooper, Duncan Black and Susie Madrak. I met some pseudonymous bloggers too, which was kind of weird, because it’s hard to try to get to know someone or carry on any sort of engaging conversation with a stranger when you feel like you shouldn’t ask them where they live, what they do for a living, what their hobbies or political actvities are, or any other personal and potentially identity-disclosing questions. The event was loud and crowded, and Roxanne in particular was mobbed by fans, so I didn’t get to talk to her as much as I would have liked, but it was still a great experience. This was before Feminist Law Professors existed, but I had been blogging at Sivacracy for over a year by then and it was fun to meet other bloggers I liked in person.

Early last spring, while I was in Portland OR for a conference, I got to have lunch with Barry Deutsch, a.k.a. Ampersand of Alas, A Blog, which was really terrific. He’s very smart, articulate and funny, and two hours flew by. I actually insisted we order dessert just to I’d get to hang out with him a little longer. Emboldened by that experience, I e-mailed Chris Clarke about joining me for dinner on Wednesday, as I am in the Bay Area for a few days, and I’m awfully glad I did. As anyone who reads Creek Running North, and/or his abundant and insightful comments at other blogs might guess, he is also a very fun and interesting person to spend time with. I’m pleased by his nice words about me, and especially thankful that he didn’t blog about the doofy pink skirt I was wearing. I’d purchased it very cheaply just a few hours beforehand because the casual clothing I’d brought with me was far too warm for the weather, and only after searching through the sale racks of half a dozen stores in absolute shock. When did clothing get so weird? I just wanted a simple short skirt or pair of shorts, but everything in my tiny price range had lace and/or elastic in unconventional configurations, or was “distressed,” or silkscreened with faces. I finally found a bright pink cotton skirt, which was clearly too young for me and probably made me look really silly but I studiously avoided mirrors after I donned it, so happily I don’t know the full extent of the fashion transgression. Chris just averted his eyes, and was a very charming and entertaining dinner companion. And, I look forward to reading his upcoming post about back hair.

Now I want to meet even more cool bloggers! So if you find yourself traveling to Columbia, SC, y’all should let me know.

–Ann Bartow

Update: I flew back to SC from San Francisco today, and I didn’t want to check my carry-on bag. so I purged my shampoo, conditioner, toothpaste, perfume, creamy unguents, etc. only to find out that lip balm and stick deodorant constitute liquids and are also forbidden. You’ve been warned!

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Clinton “Gay”, Gore “A Total Fag” — Ann Coulter

At some point, Ann Coulter will lose the ability to appall us; perhaps she’s already there, but given that mainstream (even liberal) journalists still give her the time of day as if she’s a serious analyst, I think her outrages bear further mention.   I have only as few words to add to Andrew Sullivan’s pithy commentary (and the YouTube link to Coulter’s disgraceful have-no-shame performance):

Ann Coulter calls Al Gore “a total fag” on MSNBC. What do you think the impact would be if she called a public figure a “nigger” or a “kike”? So why the double standard?

Coulter then said this “fag” comment was a “joke,” but somehow I don’t think similar slurs against other groups would be acceptable even as jokes.

She was quite insistent that she’s not kidding, however, in saying that Bill Clinton is gay.

Coulter always was wacky and offensive, but her recent 9/11 comments, and these homosexuality slurs, take it to an entirely different level.

Whether Ann Coulter still infects your TV over the next few months should answer this question:   Is there no level of psychosis and bigotry that disqualifies you from being a cable news talking head?

– Scott Moss

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WOMEN WAGE WAR ON WEENIE WAGGERS!

Read this! Below is an excerpt:

I was in line with my Motown band and we were buying costumes. I paid first and was standing at the register as my friends were rung out. All of a sudden, one of the dressing room curtains opened and a man looked at me. Next thing he opened the curtain a titch, just at penis level, and showed me his dick. Well, I screamed laughing LOUDLY, “Hey look at that guy in the dressing room jacking off!” The curtain closed quickly. I said “the room with the plaid coat on the floor!” And all of a sudden he grabbed the coat off the floor! We all had a good laugh. Then about 5 minutes later, he opens the dressing room curtain and says loudly, “I was not!” And everyone burst into laughter again. VICTORY! I left feeling empowered instead of assaulted.

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Anyone Who Blogs From Work Needs To Read This

At orinkerr.com. Below is an excerpt:

… Ziegler was an employee of a company called Frontline Processing, described in the opinion as”a company that services Internet merchants by processing on-line electronic payments”in Bozeman, Montana. Ziegler downloaded some child pornography to his computer at work, and his employer, in an effort to help out the FBI, went into Ziegler’s office and copied his computer to give to the FBI. The computer contained child pornography, leading to charrges. Ziegler then filed a motion to suppress, arguing that he had a reasonable expectation of privacy on his workplace computer that was violated by the government-directed search.

The correct way to resolve this case would have been to say that of course Ziegler had a reasonable expectation of privacy in the contents of his private-sector office, see Mancusi v. DeForte, 392 U.S. 364 (1968), including the computer in his office. Then the court should have turned to whether the search was either a private search or else a reasonable warrantless search pursuant to the employer’s valid third-party consent. Unfortunately, however, it seems that no one realized that private-sector Fourth Amendment privacy rights are so different from public-sector Fourth Amendment privacy rights. The defense attorney apparently didn’t notice the difference, and it seems that the AUSA didn’t either. (I couln’t find the briefs on Westlaw, but the opinions summarize the parties’ positions.) And the failure to understand this basic distinction in Fourth Amendment law then worked its way up the line, with apparently no one stepping back and noticing that you couldn’t rely on the public sector Fourth Amendment cases to analyze whether a private-sector employee has a reasonbable expectation of privacy at work.

The unfortunate result is an opinion that makes a quite clearly incorrect conclusion that private-sector employees do not have a reasonable expectation of privacy in the workplace computers in their offices when the employer has access rights to the machine…

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New Paper – Sonia Katyal on Lawrence v. Texas

For some of my posts during this guest-blogging stint, I’ll provide a link to, and abstract of, interesting gender/feminism/discrimination-related papers I stumble across.   Here’s one I just got in some of my SSRN spam: Sonia Katyal, Sexuality and Sovereignty: The Global Limits and Possibilities of Lawrence.   I’m always impressed when people (like Katyal here) can analyze a major, much-analyzed case several years after the fact and still have something new or creative to say about it.   Here’s her abstract:

In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas’ prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the decision; it represents a culmination of nearly a century’s worth of work in dismantling prejudicial views on gays and lesbians in American law and, indeed, the rest of the world.

In this article, I explore Lawrence’s hidden and unstated implications for the recent globalization of gay civil rights, and contemplate whether Lawrence is yet another symbol of a global wave of change, or whether it represents an ultimately unfulfillable goal worldwide, particularly in places where gay civil rights movements have been met with considerable backlash. I will argue in this paper that a close reading of Lawrence represents a culmination of a historic, and increasingly global, convergence between liberty, privacy, and anti-essentialist theories of sexual identity. Indeed, the ultimate significance of Lawrence lies not in its overt shielding of sexual minorities from criminalization, but rather in its willingness to offer to the American (indeed global) public, a version of sexual autonomy that is filled with both promise and danger, fragility and universality. For, quite unlike Bowers, which largely directed its judicial gaze towards gays and lesbians in particular, the court in Lawrence carried a message of sexual self-determination for everyone, irrespective of sexual orientation.

Emerging from this decision is a vision of sexual self-determination, what I call “sexual sovereignty,” that represents the intersectional convergence of three separate prisms: spatial privacy, expressive liberty, and deliberative autonomy. At the same time, by examining the case law that has flourished in its wake, we see that it has often been correlated with an implicit logic of containment that has relegated the exercise of sexual autonomy to private, rather than public, spaces. In creating a space for the convergence of all three facets, I would argue that Lawrence is a triumph – and a product – of anti-essentialism, but its implicit logic of containment limits its potential to traverse both theoretical and global divisions regarding culture and sexuality. Consequently, ultimately, despite the power of its universalist vision, this Article argues that Lawrence is circumscribed by potential limitations wrought by culture, property, nationality, and citizenship.

– Scott Moss

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So is this a “boy” camera or a “girl” camera?

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Find out here, or read Bitch, Ph.D. [The blue color gave it away, huh? Okay, below is a girl camera. Are you gagging too?]
girlcamera.jpg

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Well, I Guess Excommunication Beats Burning at the Stake…

Burn the witch!  

This from the Milwaukee Journal Sentinel:

Kathy Sullivan Vandenberg faces excommunication for seeking the priesthood in an unsanctioned ordination ceremony, Milwaukee Archbishop Timothy M. Dolan said[,] . . . notify[ing] the Vatican of Vandenberg’s action. Dolan said her excommunication could come soon. . . .  

In his letter to the parish, Dolan said he was “disappointed because Ms. Vandenberg and I had begun a fruitful dialogue on the matter last fall. At that time, . . . I had advised her that any attempted ordination would affect her relationship with the church.”. . .  

Vandenberg . . . was stung that Dolan made details of their talk public. “We both agreed that the meeting would be private,” she said. . . .  

On July 31, Vandenberg and 11 other women took part in an ordination ceremony in Pittsburgh – eight to become priests and four to be deacons.  

Roman Catholic Womenpriests, which organized the event, has held similar ceremonies in Canada and Europe.  

The group claimed last week’s ordinations were valid, performed by women “bishops” secretly ordained by anonymous male bishops. Dolan termed them “simulated and invalid.” . . .  

“I want to always be respectful of the church and the bishop,” she said, “but there are times when you have to be obedient to God and not the bishop.”

Am I missing something here?   The Catholic Church has made abundantly clear, not only to Vandenberg  but to the world, that women can’t be priests (a position with which I disagree, and I’ve never ever heard a plausible argument for denying women the role other than an arbitrary  “because I told you so” rule that typifies the worst of religious “thought”…).   So, why the need to excommunicate?   Isn’t it enough to say, “sorry, you can’t get a parish,” and “sorry, we are in receipt of your CV to be the priest at the 8th Street church, but you see, we don’t hire women as priests, so you’re not getting the job”?

Excommunication seems like it’s really going an unnecessary extra mile to send a message to women who get uppity about their second-class status….

– Scott Moss

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Online Searching Data Made Public

According to this WaPo article:

AOL issued an apology yesterday for posting on a public Web site 20 million keyword searches conducted by hundreds of thousands of its subscribers from March to May. But the company’s admission that it made a mistake did little to quell a barrage of criticism from bloggers and privacy advocates who questioned the company’s security practices and said the data breach raised the risk of identity theft.

“This was a screw-up and we’re angry and upset about it,” the company said in a statement. “Although there was no personally-identifiable data linked to these accounts, we’re absolutely not defending this. It was a mistake, and we apologize.”

The posted data were similar to what the U.S. Justice Department had been seeking when it subpoenaed Internet companies, including AOL, last year. AOL complied and handed over search terms that were not linked to individuals. Google Inc. fought the subpoena in court and won.

The AOL data was posted at the end of last month on a special AOL Web site designed by the company so researchers could learn more about how people look for information on the Internet. The company removed the data over the weekend when bloggers discovered it. …

Later the article notes: “Some bloggers said some of the information available included queries on how to kill one’s spouse and child pornography.” I’m not surprised, as search terms that lead people to this blog this very morning included: “naked Germaine Greer”and “are beards attractive to teenage girls.” In any event, it’s yet another reminder that there is no anonymity in cyberspace.

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The Silent Hairvangelist

Anna at Little Red Boat wrote:

In the middle of the town, I was standing in line for the cash machine.

It was a beautifully sunny day, and people were strolling around, happily. In the street in front of four bars, people sat and talked, and laughed.

By the bank, he stood. In his beatific beard, he stood there. Beatific beard and solemn stary eyes, with his hands clasped tightly behind his back, he stood, and waited, managing to look both smug and grumpy simultaneously.

This was the worst soapbox preaching technique I think I’ve ever seen. The silent evangelist.

He’d brought his own easel, of course (of course!). And on it was written the words:

“HEAVEN or HELL – WHICH WILL YOU BE GOING TO? ASK ME.”

And strangely, no one did. Not one person. I was standing there for a good ten minutes, and in that time, weirdly, not one person walked up to the silent man and asked him anything.

I was tempted, of course.
I was tempted to ask; I was curious as to his technique.
Did he just look you up and down and say ‘Oh hell, definitely”?
Or did he ask you a few questions first?
Or was his trick just to say ‘hell’ to everyone until someone punched him, at which point he could say ‘You SEE?!’ and feel smug and go home.
Or, as I suspect, was he planning just to say to everyone ‘Hell, all of you, all of you happy people, unlike me, I’m going to heaven, so there’. And then someone would probably punch him.

I’m thinking of getting my own sign, and going out on the streets, see if I can’t fare any better. Probably not heaven or hell though. No, I want to be more actively useful to people.

“Have you got good hair? Or BAD hair? ASK ME!”

I will be known as the silent hairvangelist. The silent hairvangelist with the two black eyes, probably.

If you found that amusing, you will love her post about The Giant Vibrator!

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The Feminist Side of Caitlin Flanagan

I have two things in common with many feminists:

(1) I’ve been appalled at what Caitlin Flanagan  said about working moms in To Hell with All That; and

(2) I haven’t actually read her book.

I did see Flanagan on The Colbert Report, where she belittled the idea that husbands  now have to take their wives out to dinner  on “date nights” just “to get a little nookie” — but I’m not sure if she was just playing up to the level of absurdity of Colbert.   My wife Marianna is slightly less Flanagan-illiterate than I am: she’s listening to Flanagan’s book on CD during her commute (ironically, because she’s illiterate in another way: she meant to order the book online but accidentally ordered the CD!).   She was all ready to say “to hell with all that” about To Hell with All That — but, to her surprise, she’s found it not too bad, and even pro-feminist in some surprising ways, as Marianna posted on her own blog:

[Flanagan] is nowhere near as retrograde as I thought it would be. I thought that Flanagan would defend the 50s and its bygone life and exalt it as the good old days. To the contrary, Flanagan is not defending the decade, but rather, she is defending the women of the decade. Her point is that contrary to today’s view of the women of the 50s, they were not stupid apathetic sex slaves, but rather industrious, educated and smart, and that they wanted independence and careers just like the women of today. This does not sound retrograde to me. It seems that Flanagan is putting those women in the feminist category.

If you have any gripes with this analysis, take them up with Marianna!

– Scott Moss

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How Not To Recruit Women Scientists: Send Them E-mails That Say, “I honestly recommend you to take one of these [other offers] rather than plunge into the hot pan.”

And don’t send e-mails that say, “Alla, as you are very aware, two competing labs in the same building is something we should avoid by all means. Some people who are promoting your arrival here are ignoring this basic principle, but I don’t believe that they are doing a service to you. In summary, I am sorry, but I have to say to you that at present and under the present circumstances, I do not feel comfortable at all to have you here as a junior faculty colleague.”

According to this Boston Globe article:

Forty minutes after MIT’s biology department voted to offer a job to a young neuroscientist, Nobel laureate Susumu Tonegawa sent the woman an e-mail warning that her arrival at the university would create serious problems because she would be competing directly with him.

“I am sorry . . . I do not feel comfortable at all to have you here as a junior faculty colleague,” Tonegawa wrote to Alla Karpova , a postdoctoral fellow in her late 20s, who subsequently turned down MIT’s offer and took a job in a Virginia lab.

In e-mails obtained by the Globe, Tonegawa strongly counseled Karpova not to accept the job, suggesting that professors trying to recruit her were misleading her into thinking that MIT could provide her a supportive atmosphere.

The e-mails also show that Karpova made repeated efforts to persuade the neuroscientist to give his blessing to her coming to MIT. She even promised to avoid research in which he was interested.

The e-mail dialogue is key evidence that a committee, created by Massachusetts Institute of Technology president Susan Hockfield, will examine in response to allegations from colleagues that Tonegawa bullied Karpova. In academia, even professors who oppose a hiring generally are expected to fall in line with the decision once it had been made. The committee will have to address whether Tonegawa violated the standard.

The case may be the biggest challenge that Hockfield, also a neuroscientist, has faced since she took office in December 2004. She has declined to comment.

If the accusations are deemed true, Hockfield will face the task of standing up to one of MIT’s greatest luminaries, someone who brings in tens of millions of dollars of research funding. …

The entire article is here. A transcript of the referenced e-mails is embedded within the linked article.

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“For me, June marked the first month I don’t dare leave the house without a hijab, or headscarf.”

From Riverbend at Baghdad Burning:

… For me, June marked the first month I don’t dare leave the house without a hijab, or headscarf. I don’t wear a hijab usually, but it’s no longer possible to drive around Baghdad without one. It’s just not a good idea. (Take note that when I say ‘drive’ I actually mean ‘sit in the back seat of the car’- I haven’t driven for the longest time.) Going around bare-headed in a car or in the street also puts the family members with you in danger. You risk hearing something you don’t want to hear and then the father or the brother or cousin or uncle can’t just sit by and let it happen. I haven’t driven for the longest time. If you’re a female, you risk being attacked.

I look at my older clothes- the jeans and t-shirts and colorful skirts- and it’s like I’m studying a wardrobe from another country, another lifetime. There was a time, a couple of years ago, when you could more or less wear what you wanted if you weren’t going to a public place. If you were going to a friends or relatives house, you could wear trousers and a shirt, or jeans, something you wouldn’t ordinarily wear. We don’t do that anymore because there’s always that risk of getting stopped in the car and checked by one militia or another.

There are no laws that say we have to wear a hijab (yet), but there are the men in head-to-toe black and the turbans, the extremists and fanatics who were liberated by the occupation, and at some point, you tire of the defiance. You no longer want to be seen. I feel like the black or white scarf I fling haphazardly on my head as I walk out the door makes me invisible to a certain degree- it’s easier to blend in with the masses shrouded in black. If you’re a female, you don’t want the attention- you don’t want it from Iraqi police, you don’t want it from the black-clad militia man, you don’t want it from the American soldier. You don’t want to be noticed or seen. …

Read the entire post here.

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Girls Doodling on Shells

girls1.jpg
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There’s a story about these photos at the Columbia Journalism Review.

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CFP: Digital Feminisms: Gender and New Technologies

From the CFP:

The complexity of new technologies has altered the way we think about time, space and ourselves in the digital age. Whether it is business, media, entertainment, advocacy, art, education, social action, politics, paid and unpaid work, or a myriad of other sites of contention, the ability of new technology to converge with and transform past, present and future ways of interacting with the world in which we live has immense and wide-ranging implications. Given this context, we are seeking contributions to a special issue of Atlantis focused on Gender and New Technologies. We invite submissions that contribute to an inquiry on how new technologies have informed gender’s self expression and histories; affected gender, race and culture; influenced the representation of gender; and changed the way in which gender issues are viewed or pursued. In pursuit of a diverse and wide-ranging debate, the issue seeks contributions from a broad range of areas, including Women’s Studies, Gender Studies, New Media, Cultural, Film and Communications Studies, History, Visual Arts, Computer Science and any other area relevant to the discussion. Given the complexities of new technologies, we wish to encourage submissions that think across geographical divides, histories and media, including (but not limited to) the Internet, digital arts, locative media, WiFi, aesthetic and narrative analysis, film, video, television, educational software/delivery, medical technologies, and visual and digital art.

Interdisciplinary approaches combining target areas are also welcomed. Possible topics for this issue include, but are not limited to:

*New technologies, gender and self *Gender and digital art *New technologies, gender and race *Gender and convergent technologies *New technologies, gender and media *Gender and the digital body *New technologies, gender and history *Gender and digital networking *New technologies, gender and environmentalism *Gender and discourses in computer science *New technologies, gender and social action *Gender and digital identities *Gender and issues of access to new technologies

All contributions should be accessible to an audience from many different backgrounds interested in participating in the creation and sharing of feminist knowledge. Atlantis articles are peer reviewed. They contribute to a publication that strives to meet the most significant academic and feminist expectations of our colleagues. Articles submitted for consideration must be no longer than 6000 words (including notes, references, appendices, etc.) and must be typed double-spaced. Please send submissions, in sextuplicate, addressed to Cecily Barrie at the Atlantis address below.

Information regarding the contributors’ guidelines may be found at the web site, or by contacting the Atlantis office.

GUEST EDITORS: Sheila Petty and Barbara Crow
SUBMISSION DEADLINE: February 1, 2007

Institute for the Study of Women / Mount Saint Vincent University
Halifax NS Canada B3M 2J6 / tel: 902-457-6319 fax: 902-443-1352

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The NYT on “The New Gender Divide”

Seriously, that is how they are framing a series of articles – check out the left column here, where it says: “Articles in this series are examining what has happened to men and women several decades after the women’s movement began.” So far each of the three series articles makes it seem like some cohorts of men are being victimized by Mysterious Evil Forces Outside Their Control. Now I realize I was supposed to be reading “it’s feminism’s fault that some men are such losers” between the lines. Today’s breathtaking installment reports: “[M]any American men without college degrees find themselves still single as they approach middle age.” I guess the subtext is that the women’s movement made it so that uppity women could support themselves and didn’t have to marry guys like these to stay out of poverty.

–Ann Bartow

Update: See also Echidne of the Snakes.

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