Rape as a Weapon of War

As Amnesty International reminds us, rape is a weapon of war, used to “intimidate, conquer and control women and their communities…[and] as a form of torture to extract information, punish and terrorize.”

As long as rape and murder allegations against U.S. soldiers receive press attention, and the victimization of female soldiers remains in the news, there is at least some reason to hope that the military will more effectively attempt to address sexual assault issues. But what happens when media attention turns elsewhere?

Jessica at Feministing recommends reading Cynthia Enloe’s work as a source of information on women, war, and militarization. I would second that, and add that people who want to take positive action on behalf of victims of war-related rape should also familarize themselves with the work of Catharine MacKinnon in this area. Study particularly Kadic v. Karadzic, in which MacKinnon helped pave the way for rape to be treated as a compensable war crime and act of genocide in the U.S. court system. Many of the documents related to this litigation are available here (scroll down to Doe v. Karadzic).

–Ann Bartow

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Respectability and Resistance: Interview With Prof. Beverly Skeggs

At Redemption Blues. Here is the intro:

In the comfortable armchairs of the first floor café in Paperchase (Tottenham Court Road), fuelled by a tall latte I had the honour of meeting and interviewing one of Britain’s foremost experts on social class, Professor Beverley Skeggs, whose extensive publications form an invaluable resource for any feminist curious about the interplay of gender, culture and symbols in creating, consolidating and contesting identity. No transcript can do justice to Professor Skeggs’ enthusiasm, immediacy, humour and warmth, which made the experience highly pleasurable as well as informative.

And here’s a short excerpt:

Les Moran, who I worked with, had brought me on to these fantastic feminist legal theorists such as Margaret Davies. They are really interesting on how the proper literally gets produced in law through legal statements and who has to show themselves in front of law. If you’re deemed improper, say you’re a prostitute, which is the key example, you have no legal protection. The law doesn’t work for you.

He put me onto these really fascinating legal ways of thinking through the proper, which extended the material on respectability. That is why I am now interested in how a lot of reality TV is all about having the proper emotions. What we get is this incredible forensic emphasis on people’s faces, so that they are watched to see how they emote and do they emote properly? This is what I am attempting to capture at the moment.

I also think it is a really powerful political opening out, which makes so visible the improper. It makes those who don’t know how to do it in the kind of respectable, bourgeois way look really, really bad. Jerry Springer is the best example of people emoting very, very badly. They punch other people. Violence is the wrong emotion. Part of the fascination is that we don’t usually in real life spend that much time looking at people’s emotions and if they emote too much we look away, we would be embarrassed or whatever else, but we can voyeuristically watch it on TV. We are getting it not only shown, but we’re getting to know exactly what it should be.

I hate reality TV itself, or, to be more precise, I hate some of it, which is so badly formulaic, cheap and nasty and I ask myself”Can’t you find another victim to pick on?”It is pretty banal, but Deleuze argues that what we will never know, in any encounter, is the affect that is produced through the encounter. We won’t understand what is cause, what is effect and it’s always circulating, creating, troubling relationships. What reality TV does is to try to capture all that and say,”If you behave like that, you will produce that bad emotion”. It’s so seductive in that sense. It gives people bad psychology and makes them think that if they use these techniques they can manipulate people. The key programmes here are the motherhood ones, such as Supernanny. …

Via Philobiblon.

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“Barefoot and Pregnant” – Comics by Erica Moen

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Read them here!

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Carnival of the Feminists – #18!

It’s up at Ink and Incapability! Lots of great links!

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Legal and Socio-Legal Feminist Scholars From Around the World Confront the Nation State

Having just returned from several weeks visiting at the AHRC Research Centre for Law, Gender and Sexuality, I offered to guest blog about the recently hosted conference ‘Up Against the Nation-States of Feminist Legal Theory’.

The conference was held from 30 June – 1 July at Kent University in Canterbury.   The conference included an”equality stream”that was co-sponsored by the Keele Law School and the British Academy and Emory University Network on Key Concepts in Feminist Legal Theory.

It was a wonderful, stimulating, and packed two days.   The 80 conference participants were drawn from Australia, Canada, Finland, Germany, India, Ireland, Kenya, the Netherlands, South Africa, Sudan, Sweden, Uganda, the U.K., and the U.S.   The wide range of legal traditions and legal philosophies led to a diverse range of topics, methods, and approaches at each of the panels.    

Given that the overarching theme of the conference included reflecting on the nation state, it is perhaps not surprising that some of the recurring themes of many panels included the damaging effects of neoliberalism on women’s equality, the challenges of international law and the potential dangers of the imposition of international norms, and the relationship between countries of the north and south.   Participants continued conversations about the construction of gender and heteronormativity; embraced heated discussions about the ‘goodness’, ‘usefulness’ and power of the state; and contested conceptions of social and political citizenship and democracy.

There were three plenary talks, given by Margaret Davies, Ziba Mir-Hosseini, and Ratna Kapur.   Margaret’s talk focused on an explication of two modalities of law – which she depicted spatially as the vertical and the horizontal.   Margaret used these modalities to argue that law in its horizontal form might be used to transgress the modernist, and legal positivist view of law.   Ziba focused on the emergence of Islamic feminism and located her discussion within the context of the ‘war on terror’.   Ratna’s talk, situated within postcolonial feminism, contested the linearity of law’s construction and suggested more imaginative approaches to legal framing.

The conference provided a rich site for discussion and questions, particularly among legal and socio-legal feminists from different continents.   Next year, around the same time, the Centre for Law, Gender and Sexuality will host another conference,”Gender Unbound”.   If you haven’t had a chance to visit at the Centre before, this would be an ideal time to do so.

You can find more information about the Centre LGS, including the ‘nation-states’ conference program and the call for ‘Gender Unbound’ here.  

The Centre LGS is a partnership between the universities of Kent, Keele, and Westminster, whose aim is to develop interdisciplinary, critical perspectives on law, gender and sexuality.   They have a wonderful visiting scholar scheme that allows visitors to spend some time in the UK, and to meet with many of the feminists associated with those universities.   You can check that out here.  

-Kim Brooks

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Katha Pollitt on Hirshman and Flanagan

Here, at The Nation. And can I add: Woot! It’s good to have new Pollitt columns to read.

–Ann Bartow

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Marking Ourselves

An interesting post at Feministing references this NYT article about female politicians and choices they make about “Mrs.” and “Ms.” and the last names they use. The Feministing post draws the reader’s attention to this Op-Ed piece by Deborah Tannen published a flippin’ 13 years ago in the NYT, which resonates powerfully today. Here are some excerpts:

Some years ago I was at a small working conference of four women and eight men. Instead of concentrating on the discussion I found myself looking at the three other women at the table, thinking how each had a different style and how each style was coherent.

One woman had dark brown hair in a classic style, a cross between Cleopatra and Plain Jane. The severity of her straight hair was softened by wavy bangs and ends that turned under. Because she was beautiful, the effect was more Cleopatra than plain.

The second woman was older, full of dignity and composure. Her hair was cut in a fashionable style that left her with only one eye, thanks to a side part that let a curtain of hair fall across half her face. As she looked down to read her prepared paper, the hair robbed her of bifocal vision and created a barrier between her and the listeners.

The third woman’s hair was wild, a frosted blond avalanche falling over and beyond her shoulders. When she spoke she frequently tossed her head, calling attention to her hair and away from her lecture.

Then there was makeup. The first woman wore facial cover that made her skin smooth and pale, a black line under each eye and mascara that darkened already dark lashes. The second wore only a light gloss on her lips and a hint of shadow on her eyes. The third had blue bands under her eyes, dark blue shadow, mascara, bright red lipstick and rouge; her fingernails flashed red.

I considered the clothes each woman had worn during the three days of the conference: In the first case, man-tailored suits in primary colors with solid-color blouses. In the second, casual but stylish black T-shirts, a floppy collarless jacket and baggy slacks or a skirt in neutral colors. The third wore a sexy jump suit; tight sleeveless jersey and tight yellow slacks; a dress with gaping armholes and an indulged tendency to fall off one shoulder.

Shoes? No. 1 wore string sandals with medium heels; No. 2, sensible, comfortable walking shoes; No. 3, pumps with spike heels. You can fill in the jewelry, scarves, shawls, sweaters — or lack of them.

As I amused myself finding coherence in these styles, I suddenly wondered why I was scrutinizing only the women. I scanned the eight men at the table. And then I knew why I wasn’t studying them. The men’s styles were unmarked. …

Each of the women at the conference had to make decisions about hair, clothing, makeup and accessories, and each decision carried meaning. Every style available to us was marked. The men in our group had made decisions, too, but the range from which they chose was incomparably narrower. Men can choose styles that are marked, but they don’t have to, and in this group none did. Unlike the women, they had the option of being unmarked.

Take the men’s hair styles. There was no marine crew cut or oily longish hair falling into eyes, no asymmetrical, two-tiered construction to swirl over a bald top. One man was unabashedly bald; the others had hair of standard length, parted on one side, in natural shades of brown or gray or graying. Their hair obstructed no views, left little to toss or push back or run fingers through and, consequently, needed and attracted no attention. A few men had beards. In a business setting, beards might be marked. In this academic gathering, they weren’t.

There could have been a cowboy shirt with string tie or a three-piece suit or a necklaced hippie in jeans. But there wasn’t. All eight men wore brown or blue slacks and nondescript shirts of light colors. No man wore sandals or boots; their shoes were dark, closed, comfortable and flat. In short, unmarked.

Although no man wore makeup, you couldn’t say the men didn’t wear makeup in the sense that you could say a woman didn’t wear makeup. For men, no makeup is unmarked.

I asked myself what style we women could have adopted that would have been unmarked, like the men’s. The answer was none. There is no unmarked woman.

There is no woman’s hair style that can be called standard, that says nothing about her. The range of women’s hair styles is staggering, but a woman whose hair has no particular style is perceived as not caring about how she looks, which can disqualify her for many positions, and will subtly diminish her as a person in the eyes of some.

Women must choose between attractive shoes and comfortable shoes. When our group made an unexpected trek, the woman who wore flat, laced shoes arrived first. Last to arrive was the woman in spike heels, shoes in hand and a handful of men around her.

If a woman’s clothing is tight or revealing (in other words, sexy), it sends a message — an intended one of wanting to be attractive, but also a possibly unintended one of availability. If her clothes are not sexy, that too sends a message, lent meaning by the knowledge that they could have been. There are thousands of cosmetic products from which women can choose and myriad ways of applying them. Yet no makeup at all is anything but unmarked. Some men see it as a hostile refusal to please them. …

I strongly recommend reading both the Feministing post and the Tannen piece in full.

–Ann Bartow

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“The Real Toy Story”

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“The Real Toy Story” was an installation by Michael Wolf, shown at the John Batten Gallery, Hongkong from November 2-27, 2004.

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On-Line Bullying By Law Students

See this post at the Law School Academic Support Blog. Via the Leiter Law School Reports, where Brian Leiter notes:

One putatively prelaw discussion board–memorably described in the comments here as the place where “the amount of racism, anti-semitism, and extreme aggression borders on psychotic” ( Kiwi Camara is the poster boy for interracial comity by comparison!)–has frequently included threads naming female law students and/or prelaw students accompanied by threats of rape and sexual assault, as well as defamatory statements about their sexual activity. I’ve heard from several of the victimized students who told me that the owners of the site (including a Penn law student) do not respond to requests to remove this material. Until law schools and/or Character & Fitness Committees start responding to this creepy phenomenon, the problem is likely to get worse.

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Why So Few Female Supreme Court Law Clerks?

Supreme Court building

On June 29, 2006, the Supreme Court ended its 2005-2006 term.   The Justices employed 37 law clerks this past term, 13 of whom were women.   During the 2004-05 term, 15 of 35 law clerks were women.   Initial reports for the upcoming 2006-2007 term appear to indicate that the number of women will again drop.   A recent article by Tony Mauro entitled “High Court Clerks: Still White, Still Male” is available here.

-Posted by Bridget Crawford

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Ew.

From TPMmuckraker:

A few weeks after departing the House of Representatives, Tom DeLay served as charity auctioneer at a fundraiser for Safari Club International, a gun-lobby group defending man’s right to defend himself against unarmed animals.

“Who wants a beaver?”DeLay asked the crowd, hawking a sheared-beaver vest that a lobbyist later won for $1,400.

“Hoots,” reports Roll Call’s Mary Ann Akers, “and hollers followed.” Probably because the crowd of hunters, hunter-lovers, and those who make their living kissing up to hunter-loving lawmakers understood that “beaver” is a slang term for vagina — although, who knows, maybe they were super-excited about the flat-tailed, dam-building rodents.

“Everybody likes beaver, even women,”DeLay declared happily, with a passion he once reserved for attacking “liberals.””The best thing about it, it’s a shaved beaver!” he exclaimed — blissfully ignorant, it would seem, of the disturbing psychosexual inference that prepubescence is somehow erotic in a female partner.

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“Women Vote and Run in Kuwaiti Poll for First Time”

According to this NYT article:

Kuwaitis voted for a new parliament on Thursday with women running and casting ballots for the first time in a national poll in the Gulf Arab state.

“I don’t know how to describe my feelings, I am so happy, it’s a beautiful day as women practice their right,” female candidate Hind al-Shaikh said. “I hope a woman makes it.”

Parliament passed a law in May 2005 giving women the right to vote and stand as candidates in elections for the 50-seat National Assembly of the oil-producing country.

More than 250 candidates are standing, including 28 women determined to make headway despite daunting odds of beating seasoned male opponents, many of them former parliamentarians seeking re-election.

“I hope all Kuwait women go out and vote and each woman has to give her vote to another woman,” candidate Nabila al-Anjari, 50, told Reuters at a polling station in Jabriya constituency.

The poll was called after Kuwaiti Emir Sheikh Sabah al-Ahmad al-Sabah dissolved parliament last month following a standoff between the government and opposition over electoral reforms.

The opposition accuses some members of government of trying to turn parliament into a rubber-stamp assembly through vote-buying. But the government has dismissed the charges, saying it is committed to reform in U.S. ally Kuwait.

The opposition is a loose alliance of pro-reform ex-MPs, Islamists and liberals, tolerated in Kuwait which bans parties.

Many experts say voting by Islamists and powerful, conservative tribes will hurt the chances of women candidates. But female candidates themselves say at least one of them may win as women are 57 percent of the 340,000 eligible voters.

“I feel I am going to cry of happiness because it’s a historic moment for Kuwait … I hope a woman can make it,” said Diaa al-Saad, 55, one of the first women to vote in Jabriya.

Men and women braved the summer heat in the desert state to vote in separate polling stations across the conservative state as Islamists, who reject female suffrage, had demanded.

“Practice your right, let your voice be heard… take part in the election,” said billboards sponsored by a women’s group.

Campaigners handed out to voters roses or water bottles with candidates’ photos. Some wore scarves with candidates’ pictures.

“This is a day of big joy for Kuwaiti women, that’s why we are here early,” said Thuraya al-Qallaf after voting in Da’iya.

Most experts see only a small chance of success for female candidates given their political inexperience, tough competition from male candidates with established voter bases and the limited time they had to prepare campaigns.

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Graphic Provocation

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Via Incurable Hippie.  

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Belle Lettre: “Pictures and Patriarchy”

Note from Ann: Below is a Guest Post by Belle Lettre, which is cross posted from her excellent blog, Law and Letters  at her specific and unprompted request. She has guest blogged here before and has an open invitation to do so at will. I point this out because I recognize  that reposting this here  probably seems self-serving on my part, and I admit it’s nice to have  this  kind of support.    

GUEST POST

(Before you read this long post, read the original debate at PrawfsBlawg, about whether it’s appropriate to remark that the new Prawf, Orly Lobel, is “easy on the eyes.” Read in particular Prof. Ann Bartow’s comments and the responses to her comments)

Is a picture really worth a thousand words? Having been voted “Most Likely To Be Verbose” in high school, I tend to favor contextualizing and descriptive words over brute pictures. Pictures give you a glimpse, but sometimes you want the whole story. Portraiture is a delicate art—the best artists (John Singer Sargent, Gilbert Stuart) attempted to convey their subjects visually the way a novelist renders his characters linguistically: regal, maternal, courtly, warm and human, etc. There is much “art,” and by that I mean both artistry and guile, in attempting to convey something complex in a manner that may be captured in an instant by the human eye.

I will not deny that the best pictures convey a sense of narrative, making the viewer privy to the artist’s sight and interpretation. But what kinds of pictures tell stories? I would argue pictures that capture stories, that is, events in progress, the movement of humans/animals/nature, or extremely symbolic visual images that speak of a lengthy history or show a story that needs no telling: a single cross burning, the dangling body of a lynched man, or a malnourished child.

But what kind of story does a picture of someone’s face tell? I guess it depends on what expressions that face yields to the viewer, so that it is not so much a story as it is a state of mind. And of course, the viewer shall interpret as s/he sees fit. The viewer will bring his own story to the face. Think of the Mona Lisa–is she smiling or is she sad? (a great Nat King Cole song comes to mind) Dr. Pozzi by John Singer Sargent, or any of Gilbert Stuart’s portraits of the Founding Fathers–we know the biographies, generations later, but we only see one instant, one expression in the picture.

But all of the above, whether painted or photographed, is art by the masters to be gazed at in posterity–again, as both artistry and artifice. Our mundane lives call for much less narrative and biography, and endures much less. We take pictures of ourselves and our families, sometimes spontaneous, most often stiffly posed. We endured the humiliation that was “school picture day” for many years in starched collars, pimpled skin, and metal-laced teeth. Each year produced an even more appalling approximation of what we knew to be our essential goodness and desperate dweebishness. At least our parents thought we looked okay. And as we grow older and create our own individual memories, we like to document them. Arms around the shoulders of friends and boy/girlfriends, the first road trip with your buddies, innumerable parties with really cheap alcohol. And we grow up to have our own families and take pictures of collective memories and subject our own kids to portrait day.

Not that portrait day ends when you reach adulthood. For the perpetual student (like me) there will always be the problem of the student ID card and the school’s facebook (not that online thing). Once you get a job, there’ll be that employee ID badge for some. And if you’re a professor, you’ll probably be asked to submit a profile of yourself along with a picture. Often it’s just your most flattering head shot (no one, not even the least vain, wants to look bad). Most law profs, male and female, are in suits. Few achieve a casual elegance in their pic, although some submit pictures of them with their families to demonstrate a sort of Rockwellian domestic quality that you don’t get when you read their articles on Sarbanes-Oxley. But mostly it’s just “look at the camera and don’t blink.”

I’ve often wondered about the importance of the profile pic. Is the purpose to humanize the professor to his/her students or the general laity? By that I mean is it meant to attach a human form to an otherwise disembodied scholarly voice? Really, what purpose does the profile pic serve? It is not for posterity, like art. It is not to record personal memory, like the family photo. It is not to record a moment in one’s development, like the annual school portrait. Like the book dust jacket pic, the profile pic seems to exist only for the benefit of people who wonder what the professors they read (on law reviews, on blogs) look like.

Why do we want to know? I confess that I’ve clicked on the school homepages of every blogging law professor I’ve read. Sometimes, I’ll go to the trouble of looking up a prof of a law review article, but only if there’s some other reason I want to learn more about the professor. I often click on the homepages to read more about the professor I’m reading–where did s/he go to school? (answer: Yale or Harvard) Who did s/he clerk for? What else did s/he write? So it’s as much professional interest (and the self-defeating desire to see if I can even come close to matching my credentials to theirs and land a law prof job) as it is a basic, human need to see what people look like. We are visual beings, even those of us who are verbose and like to read. I can carry on an email exchange with a fellow blogger for months and get to know him or her quite well (in personal details and personality) and still feel like I wish I knew what he or she looked like. And I suspect providing an audience of readers your picture is a way to connect in a very real way with them. You may not be able to see your readers, but you are allowing them access to your image, so that they might know you. It is not a bad thing to want to be known, or share your likeness. Indeed, it is very sharing and humble. Historically, it was impermissible to look at a “higher being”–you bow before a king, and you do not look royalty in the eye without permission. You are allowed access to “their person” only at the king or queen’s pleasure. I remember in high school it was advised not to look at some gang members in the eye, or you’d get beat up. Looking at someone is powerful, and allowing someone to look at you is a gracious abdication of that power to form a common bond of humanity. The only reason I don’t provide my picture is the pseudonymity thing. It’s not a bad thing to want to know what your interlocutor or author looks like. In fact, it’s a very basic human desire. What matters is what you do with the visual information, and what judgments you form from it.

An appalling example would be the racist reader who discovers that the author of this fine paper was Black, and immediately begins to question the integrity of the piece, or immediately wishes to question the academic credentials of the author. Or in the converse, that racist reader believing an article to be less sound or meritorious because the author is Black. Actually, substitute for all the categories any of your choosing: anti-Semitic, sexist, homophobic (a category in which the author’s identity may be easily “covered.”). These are extreme examples however, and I’d like to think that they would be rather rare, particularly in the legal academic community (I would hope).

But let’s move onto more subtle, but potentially invidious uses of visual information. What if a male reader sees a picture of a rather attractive law professor, and although he may respect her work, thinks only “wow, she’s hot.” Is he then ignoring her intellectual acomplishments and sexually objectifying her physical form? Is he, like most patriarchal society valuing only one part of the woman above others? Is the male gaze inherently and irrepressibly demeaning, demonstrating the hegemony of the male over the female, and alluding to the imbalance of political and sexual power? Is the male gaze always unwanted, or is it just more particularly so when the female professor wishes to be evaluated solely on the basis of her intellectual and professional accomplishments? Also, by evaluating her solely based on one axis of consideration–her attractiveness–the reader misses out the “story” behind the picture. No longer is she cum laude this, or editor of that–she’s just a pretty face. And so between the picture and the profile, I’d rather the reader concentrate on the profile–if only to get a better conception of who I really am, rather than objectifying me into some essentialist, heteronormist fantasy.

I suppose the answer is to not post a picture–but like I said, there are other reasons for wanting to share your likeness with people and appear human in order to share humanity. In fact, is not posting a picture the answer? Does one elect out of the system of oppressive male gaze by discontinuing our association with socializing and humanizing forms and activities? If so, that’s a crappy way out, and I’m not even sure it is a way “out.” It seems like a poor choice to decide between objectification or being taken seriously just because you want to share your common humanity with others.

Yes, I admit, there is a “female gaze,” although some feminists like Laura Mulvey argue that “the male figure cannot bear the burden of sexual objectification,” and that besides, the female gaze is merely the co-optation of the male gaze. I would myself add that the female gaze is inherently different. While the male gaze objectifies and sexualizes, the female gaze is “emmasculated,” that is powerless. Hear me out. It’s a bit of a theory of mine. I would argue that while the male gaze is a reflection of male patriarchy’s very real political, economic and social power over women, the female gaze lacks that same power (thanks to the patriarchy, of course). Thus, were a female reader of a blog/article see a male professor’s picture and think/comment “Wow, he’s hot,” it wouldn’t be the same objectification. In fact, her response might be diminished and patronized as being mere “schoolgirlishness.” The male gaze communicates sexual and political power, the power to strip a woman of her intellectual credentials and essentializing her into a sexualized trope. The female gaze is just a cute little crush.

I will not deny that I have had professor crushes. Who among us hasn’t? Contrary to stereotype, male students do have crushes. I was a TA for several classes, so to this I can personally attest, as do mine own ears when I heard quite a bit of banter at the lockers over this or that female law professor. I will say that my crushes are more intellectual than physical (not too hard, given the fact that in the aggregate, the law school professoriate will not win any beauty contests considering that half the faculty is emeriti wearing bow ties). And I will admit that, being human, in my human desire to know the face of my author or interlocutor, I have on many occasion personally remarked to myself their physical attractiveness. I am human. But I would never make such a remark on a public forum in which such a remark would not be relevant.

Part of wanting to be evaluated as a professional is acting professional yourself. What I may remark to myself at 2 am (when I often read blawgs and law review articles) is not something I would remark on the comments section of another person’s blog–particularly if that blog was meant to highlight (but humanize) someone’s intellectual contributions. It’s like going to a colloquia and when the speaker is introduced, saying “hey, you’re hot and smart!” in the “comments and questions” portion of the talk. No, I’m not just another humorless, “zero-tolerance” feminist (or maybe I am). I think there is a time and place for everything. For instance, I do not read a post or article by what I consider to be “handsome” law professor (I was going to name names, but decided not to)   and laud his physical attributes in the comments section or in the letters to the editor of the newspaper. It just seems like an irrelevant point to make.

Being a mildly insecure person (not just woman) , I like external validation. I fish for compliments from my dates, train my kids to say “you are my favorite aunt,” after cooking ask the rhetorical question “that is the best chicken you’ve ever tasted, huh?” and desperately seek validation from my professors and advisors that what I’m writing is of good quality (and the final validation of an “‘A” is best). I am human. But I’m also a professional. I may actively and aggressively court compliments, but only when it’s the proper place and time. I never ask “how do I look?” when I send out a draft of a paper or proposal. This is not to divorce my human, or “female” side of my personality from my “professional” role. It’s just being sensible, professional and relevant to the topic at hand, and very, very conscious of our patriarchal society.

I think we all should be aware of the real objectification and devaluement of women’s intellectual and professional contributions that goes on every day. Wage differences, the disparity in gender and race in the tenure rates at almost every school, the asymmetry of political power–these are very real. How we “look” at women, visually and conceptually, matter a great deal. “Pretty” women may be hired as secretaries over “unattractive” women, but it “may be a liability when women seek male sex-typed” employment” (think higher paying, “traditionally male,” and managerial positions). It may seem innocuous, particularly if flattering, to make a comment about someone’s looks, but in fact it’s demeaning at worst, and distracting at best. Yes, we feminists can take a compliment (and a joke, for that matter). But it should be the right time for such a remark. And the best compliment would be if the other person conveyed true respect for our entire person–and in particular, our intellectual and professional accomplishments.

Update:

The comments thread at the original PrawfsBlawg post is still alive and kicking. In particular, check out Simon Dodd’s comment that male law professors can be likewise objectified, and uses Article III Groupie as an example of this.

To this, I countered:

And with respect to Simon’s comment, well, I too respectfully dissent. If you bring up A3G as an example of a “person” who would gratuitously comment on a male law prof’s appearance, well, you should remember that A3G turned out to be a _man_, David Lat. This is an interesting bit of gender stereotype bending, as if Mr. Lat felt compelled to assume the persona of a “judicial diva” in order to make more risque and trivial judgments (bench slaps, judicial hotness meter, litigatrix). That is, to be more sexist and sexualizing, he probably thought it would be safer writing in the “female voice.” But I hardly think that qualifies as a “turn the tables” use of the “female gaze”–it’s just the male gaze in “drag.” And in both cases, rather inappropriate and insulting.

–Belle Lettre

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Carnival Against Sexual Violence #2

It’s up here, at Abyss2hope.

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The “All Girl Army” Blog!

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Here!

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Watching the Courts

The National Women’s Law Center has a new post here at NominationWatch.org evaluating recent Supreme Court decisions. Here’s a brief excerpt:

The”new”Supreme Court – with John Roberts at the helm as Chief Justice and Samuel Alito in place of Sandra Day O’Connor — is issuing important decisions as its 2005-06 Term winds down. We’re seeing some troubling decisions and ominous warning flags, interspersed with occasional good news.

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Prawfsblawg Adds First Female to Permanent Blogging Line Up

Feminist Law Prof Orly Lobel got a permanent blogging gig at Prawfsblawg, announced here. And wow, some of the commenters there think she is a total babe! Do I make this stuff up? No, I do not. Check out the appended comments thread here. Orly is a great addition, anyway.

–Ann Bartow

Update: Belle Lettre has a thoughtful post about all this at Law and Letters.

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The Hooters “Trade Dress” Case

I decided not to comment on the Hooters trade dress case (Hooters v. Winghouse of Florida) when the district court decision came down because it didn’t seem like the legal issues were very interesting. It received substantial media coverage only because the claims at issue pertained to busty, attractive wait staff and skimpy, revealing outfits, and I didn’t have much to add to the wink-wink treatment it received in the trademark law blogosphere (see e.g. this, and this, and this).

The affirmance by the Eleventh Circuit lead to more attention, including this passing summary at Feministing in an omnibus “feminist reader” post:

The 11th Circuit Court of Appeals reaffirms a ruling that waitresses in tank tops and tiny track shorts are actual products, not symbols that can be trademarked. Disgusting.

The Feministing mention linked in turn to this post at Lawyers, Guns and Money, which in turn links to, and apparently relies on, this Law.com article. All three make what I believe is an interpretive error when they assert that the “Hooters Girls” themselves were at issue. As page three of the district court decision makes clear, it is the “Hooters Girl uniforms” [emphasis added] that were unsuccessfully alleged by “Hooters” to constitute protectable trade dress. The WSJ Law Blog gets this (mostly) correct here, stating in pertinent part:

The 11th U.S. Circuit Court of Appeals upheld a Florida trial court decision last week in ruling that the Hooters’ girls’ skimpy waitress outfits don’t deserve trade dress protection. Here are the appeals court and district court decisions. …

In 2003 Hooters sued Ker’s Winghouse, a Florida restaurant chain, alleging that the”Winghouse Girls”outfits were confusingly similar to those of the”Hooters Girls.”A federal trial court judge in Orlando ruled against Hooters, stating that the Winghouse Girls outfits weren’t a”knockoff”because the Winghouse Girls wear black tank tops and black running shorts while the Hooters Girls sport white shirt and orange shorts.

Also, reasoned the trial court judge, the”Hooters Girl”is”the very essence of Hooters’ business,”whose”predominant function is to provide vicarious sexual recreation, to titillate, entice, and arouse male customers’ fantasies.”Therefore, it had a”primarily functional”purpose and was not entitled to trade dress protection.

(NB: My quibble with this account is an appended parenthetical which states: “By comparison, its distinctive orange color and owl logo would qualify for trade dress protection.” In fact, the owl logo qualifies for and appears to be the subject of federal *trademark* registration, which is a different and generally more powerful bundle of monopoly rights under the Lanham Act.)

A successful trade dress infringement claim requires a plaintiff to prove the trade dress at issue is inherently or distinctive or has secondary meaning, and is primarily nonfunctional. The plaintiff must also convince the trier of fact that the defendant’s trade dress is confusingly similar. Through this litigation, Hooters was trying to obtain a monopoly on the ability to have women in tight, revealing tops and short running shorts serve food in a restaurant, apparently believing that this would give the chain a competitive advantage. Hooters was able to establish the distinctiveness of the particular uniform it has its waitstaff wear, but not that the uniform was primarily nonfunctional. The court noted that the uniform has an obvious function: In conjunction with the person wearing it, the uniform provides “vicarious sexual recreation, to titillate, entice, and arouse male customers’ fantasies,” (see dist. ct. decision at page 4). This is not something that the law allows Hooters, or any entity, to monopolize through application of the Lanham Act.

In a couple of places in the decision, when the District Court opinion referenced the “Hooters Girl,” the judge was perhaps being a little bit sloppy in not making it clearer that only the Hooters “uniform” was at issue in the trade dress claim. I don’t, however, think it can be fairly read as asserting that “women in tank tops are products” in any generalized way, outside of the paradigmatic trade dress claim evaluative framework.

Even though the case was between two restaurant chains that rely on scantily clad women to entice customers to purchase crappy overpriced food, and I secretly (whoops, not anymore) wish bankruptcy on both of them, the Lanham Act geek in me was happy to see the district court correctly interpret and apply the law, and the Eleventh Circuit affirm. The ruling is also a small victory for women, as a victory for Hooters might have meant that competing restaurant chains would have to put their wait staff in bikinis or cellophane wrap or even more awful costumes to avoid “infringing” upon tank tops and running shorts.

–Ann Bartow

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Interesting Things To Read Elsewhere

News Flash: Supreme Court Adopts a Broader “Material Adverse” Standard for Title VII Retaliation Claims, at Workplace Prof Blog.

The Sound of Misogyny, at Lonergrrrl.

California Hustlin’ at Newsweek.

Houzan Mahmoud: Organizing Women in Iraq, at Feministing.

The Passion of Anna, at The Nation.

The Only Good Abortion, at Respectful of Otters.

Social Isolation in America: Changes in Core Discussion Networks Over Two Decades (PDF), via Crooked Timber.

Time to Emigrate To Venezuela, at Super Babymama.

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There Is No Anonymity In Cyberspace

Via Discourse.net.

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Law Prof Glenn Reynolds Sees Some Correlation, Or Something, Between the “Porn Explosion” and A Drop In Reported Instances of Rape

Read his observations on rape and porn in a short piece entitled “Porn: Good For America” here. Then see the Washington Post article that he links to. Just for starters, notice how Reynolds says “…rape has gone down 85%” but the article he is apparently basing this claim on actually says in pertinent part:

One measure is the Justice Department’s National Crime Victimization Survey, which asks thousands of respondents 12 and older about crimes that have happened to them. This survey, which is meant to capture offenses that weren’t reported to police, is the one that depicted the 85 percent decline in the per-capita rape rate since 1979.

Another way to track rape’s apparent decline is through the nation’s police reports, which are aggregated every year by the FBI. Their reports, dating to the mid-1980s, show that rape reached a peak in about 1992, with 0.4 rapes reported to police per 1,000 people.

Since then, reported rape declined about 25 percent by 2004, the most recent year for which data were available. In that year, the rate was about 0.3 reported rapes per 1,000. Besides the fact that not all rapes were being reported, the two studies’ differ because the FBI reports define rape more narrowly, excluding instances involving male victims. Both classify attempted rapes as “rape.”

Last week, the FBI released its preliminary crime data for 2005, which showed that reports of rape had again fallen slightly — even as other violent crimes such as murder and robbery ticked worrisomely upward.

Note that the article Reynolds linked to states that rape reports peaked in 1992, meaning that rape was increasing throughout the 1960s, 1970s and 1980s, while pornography was widely available. Reynolds in fact explicitly stated:

Hmm. What’s different since 1970? Lots of things, of course, though bared midriffs and short-shorts are back. But probably the most relevant difference is porn. In 1970, some people argued that porn caused rape. Since 1970, though, porn has exploded. In 1970 you had to work pretty hard to find porn. Now you have to work nearly as hard to avoid it.

So it might be nice if he explained why pornography either suddenly began to affect rapists, or suddenly stopped affecting rapists (or whatever the heck it is that Reynolds is arguing porn does or doesn’t do, that makes pornography relevant enough to rape to justify raising it in reference to an article about rape statistics) in 1992, some twenty-two years after Reynolds says “porn exploded.” I’m not a social scientist, but it strikes me as somewhat implausible that pornography could have been irrelevant to rape from 1970 to 1992, but then began having a profoundly positive effect on rape ever since, or vice versa.

If Reynolds’ point was simply that rape reports decreased while the availability of pornography either stayed steady or increased, he could have said so a lot more clearly, and without the smirky title, and distortion of the statistics (NB: He ignores the study that puts the reduction of rape below 25%, even though it is based on actual police data. Even the survey that seems to support an 85% reduction in rape starts the decline in 1979 rather than 1970). And he could have forgone stating: “…probably the most relevant difference is porn.” And that still wouldn’t have addressed the timing issues.

What did change in 1992 that might have had an effect on rape? The Violence Against Women Act wasn’t passed until 1998, but was being pursued as early as 1992, when Bill Clinton was first elected. Hmm indeedy.

Other views on Reynolds’ rape analysis are available at Feministe, Appletree, and Abyss2hope, and F-Words.

–Ann Bartow

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Michele White, “The Body and the Screen: Theories of Internet Spectatorship”

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Michele White writes:

Hello, my book on Internet and computer spectatorship–The Body and the Screen: Theories of Internet Spectatorship–was just published by MIT Press. Many of you have contributed time and suggestions to this project and I want to thank you once again for your support. I thought that it would be of interest to some readers because it poses specific hybrid combinations of feminist, queer, and postcolonial theories as key ways of critically engaging with Internet sites. I also engage with theories of authorship and other critical strategies. My hope is that the critical models indicated in this book can support ongoing Internet and computer research. …

Learn more about her book here. Michele is a terrific writer and very engaging speaker, so I very much look forward to reading this.

–Ann Bartow

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The Personal is Political

Heart has some great observations up at Women’s Space/The Margins that defy easy synopsizing so I’ll just give the title of the post, and hope that it gets clicked on: “Carol Hanisch,”The Personal is Political”, Attacking Women, Carnival of Feminists 17, and What the Heck.”

For me, the slogan that “the personal is political” is a profound reminder that although laws, whether legislated or court-made, often feel like abstractions, they usually effect real people in deeply personal ways. When I wonder whether some action is “feminist,” what I am asking is whether or not it materially improves the circumstances of women, because “the political” has so many personal ramifications, and they are so often gendered.

–Ann Bartow

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Maya Hermann: “Gender Equity: Not a Done Deal”

GUEST POST

Title IX, the landmark 1972 civil rights law that outlawed sex discrimination in schools and colleges and universities, is turning 34 this month.

But think sex discrimination is a thing of the past? Think again. In the recent past, we have been repeatedly reminded that women continue to face bias in the classroom, at the workplace, and on the playing field. Phyllis Schlafly, for example, insisted this past January that”this year’s spectacular Rose Bowl game attracted a phenomenal 35.6 million viewers because it featured what we want: rugged men playing football and attractive women cheering them on. . . .public demand is for all-male sports, not female contests.”

And she’s not the only one. University of Colorado football coach Gary Barnett made clear that he thought Katie Hnida — a female player on his team who was sexually harassed by her teammates – had it coming. According to Barnett,”Katie was a girl, not only was she a girl, she was [a] terrible [football player].”

And, of course, then-Harvard President Larry Summers set off sparks when he suggested that the differences in”intrinsic aptitude”between men and women might explain women’s continuing (and vast) under-representation in math and science.

It’s clear that gender equity is not a done deal. Title IX has enabled millions of girls and women to play sports, earn college degrees, and pursue careers to support themselves and their families. But women continue to lag in opportunities to participate in athletics and to pursue training for careers that are nontraditional for their gender, and in the wages they are paid in the work they do. And developments in federal policy threaten to halt or even roll back the gains that have been made. Just recently, for example, the Bush Administration made a major change to Title IX policy that forces girls to prove that they are interested in participating in sports in school before they are given the chance to play. And the Department of Education continues to consider new regulations that would promote sex segregation in our nation’s elementary and high schools.

Title IX has done a lot for women in the last three and a half decades, but there’s still much more work to make its promise a reality. Please join us; we’ll keep you up to date on the newest developments in gender equity and help to amplify your voice in making sure that Title IX continues to be strong.

Happy birthday, Title IX. Here’s to 34 more.

Maya Hermann
National Women’s Law Center

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Sex, Power and Feminism

Kira Cochane published this interview with Ariel Levy, author of Female Chauvinist Pigs: Women and the Rise of Raunch Culture,” in the Guardian, below is an excerpt:

… “When you talk to people about raunch culture in terms of a specific company or corporation they just say: ‘Oh, well, sex sells.’ That’s our justification for everything.” And Barbie-doll images of women – long legs, fake breasts, blonde hair – are a glossy advertising shorthand that simultaneously appeals to everyone and no one, shifting units in a way that more complex, varied and substantive sexual images never could. “My book is not an attack on the sex industry,” says Levy. “It’s about how the sex industry has become every industry.”

Levy isn’t a prude or a scold, arguing for women to be less sexual – in fact, quite the opposite. Her point is that the single form of sexuality on offer to women – “this spring-break variety of thongs-and-implants exhibitionism” – is largely unfulfilling. And that buying into this, either by stripping yourself, or by ogling strippers, is a way of currying male approval and propping up male culture and power. (The obvious problem being that, by doing so, you undermine women, and, implicitly, yourself.)

“When it comes to raunch culture, a lot of people say: ‘Well, we’re living in a post-feminist age, women have won the [sex] war, and so it’s OK for all this to happen. It doesn’t actually threaten women’s social position.’ But when did we win the war? We don’t have equal pay for equal work, we don’t have equal representation in government … so when exactly did we win?”

All of this has led Levy to be termed “the future of feminism”. On reading her book last autumn, I found it a revelation. I had been amazed in recent months by how quickly a career in porn had gone from being the last refuge of the desperate, the poor, or, in a few rare instances, the genuinely exhibitionist, to suddenly becoming aspirational for large swathes of young British women. Six out of eight of the female contestants on Big Brother last year, for instance, said that they were keen to be glamour models or work in porn – while this year’s contestants include Lea, a former porn actor, and Nikki, who entered the house in a Playboy bunny outfit.

Playboy has also become one of the most popular brands among adolescent – and even pre-adolescent – British girls: WH Smith describes the Playboy stationery line as one of the bestselling of all time. Soft-porn model Jordan’s two autobiographies (again, bestsellers) have been bought primarily by women. At Cambridge university, female students have reportedly started a pole-dancing club, to practise their technique. And a WI group recently visited Spearmint Rhino, apparently for lap-dancing tips.

Reading the book a second time though, on the plane to New York, it made me much more uneasy. I still found much to admire in Levy’s thesis, but that title, Female Chauvinist Pigs, bothered me, as it has many women, since it seems a direct insult to women; specifically blaming us, rather than the culture at large, for this issue. …

Jessica at Feministing noted that Jennifer Baumgardner had a negative reaction to the book, while the interview with Levy brought interesting reactions here and here.

I’ve had a number of awkward conversations with female lawyers and law students who dress very beautifully and provocatively, who express frustration that they are not taken seriously as intellectuals, but instead are pursued romantically by professional colleagues who could but do not take an interest in their legal careers. I don’t want to tell anyone how to dress, and I absolutely believe that people should be free to wear whatever clothing they want, and I’d further argue quite passionately that people should not make judgments about intelligence or hardworkingness based on physical appearance. But, anyone who doesn’t think her appearance is relevant to how she is treated is kidding herself.

–Ann Bartow

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The “Stop Deceptive Advertising for Women’s Services Act”

A while back I posted about the Stop Deceptive Advertising for Women’s Services Act here. The NOW Foundation is currently asking people to contact their congressional representatives in support of this legislation. Here is an excerpt from the NOW Foundation’s overview:

“Pregnant? Scared? We Can Help.” So claim billboards popping up around the country advertising the services of local “Crisis Pregnancy Centers” (CPCs). While these so-called clinics claim to offer help for women facing unplanned pregnancies, they are in fact run by anti-abortion organizations with the aim of preventing women from obtaining abortions. These fake clinics use deceptive methods to get women in the door and then bombard them with misleading information. To address this problem, Rep. Carolyn Maloney (D-N.Y.) has introduced the Stop Deceptive Advertising for Women’s Services Act (H.R. 5052) which would enforce truth-in-advertising standards for reproductive centers. Please urge your representative to support this legislation…

…CPCs lure women in by offering free pregnancy tests. Women have reported that the CPCs lied to them about the results of the pregnancy test (telling them they weren’t pregnant) so that they would miss the window of time during which they could safely obtain an abortion. Because CPCs are often located near actual clinics, women with appointments for abortion services may mistakenly enter the CPC instead. Such women are sometimes fed orange juice and donuts so that even if they find their way to the real clinic they can not obtain an abortion that day. Also, some of the workers and volunteers at CPCs have no medical training and are only there to deter women from having an abortion.

The full text of the bill is accessible here.

–Ann Bartow

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Pregnancy and the Female Athlete

This article at Alternet by Melissa Silverstein points out:

Women’s basketball has come a long way since the first game at Smith College on March 21, 1893 — with a major boost from Title IX passage in 1972. It’s no news flash that young women accidentally get pregnant, and Title IX regulations would seem to offer students some protection. They state that recipients of federal funds “must treat disabilities related to pregnancy the same way as any other temporary disability in any medical or hospital benefit, service, plan or policy which they offer to students. … Following this leave, the student must be reinstated to her original status.”

Yet no uniform policy at either the school or professional level protects a pregnant athlete’s rights. The resulting insecurity, especially for athletes on scholarship, can cause women to hide their pregnancies or have abortions. Of course, the guys who get women pregnant suffer no repercussions, financial or otherwise.

Stepping into the void, Elizabeth Sorensen, a nurse and the faculty athletics representative at Wright State University, has become an authority on athletes and pregnancy. She created a policy for Wright State, and is now trying to build momentum for a comprehensive, proactive policy that focuses on an athlete’s well-being. In 2003, she submitted her policy to the NCAA, but the collegiate athletic governing body has not taken up the issue. The women’s community is taking notice, however. The Women’s Sports Foundation is about to release its own position paper on athletic competition and pregnancy, and the National Women’s Law Center has also begun to consider the issue.

Read the whole thing here.

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From the Department of WTF: Are Linda Hirshman and Caitlin Flanagan the Dominant Voices of Contemporary Gender Discourse?

Henry at Crooked Timber says so, and I fear he may be correct. Now, anyone who reads this blog may be aware that I strongly dislike both Hirshman and Flanagan. I was actually interviewed by Hirshman many years ago, and I respect some of the work she has done, but I think she is very wrong to attack women who do not prioritize their careers in the ways she says they should, and when I blogged about this she literally sent me e-mails in which she threatened to tell my Dean on me for being mean to her and using the word “fuck.” I finally told her in no uncertain terms to stop e-mailing me, but a week or so ago I got an e-mail from her asking me to blog here about her new book. Which I am now doing, “vomit-eulogizing” though I may be. As for Flanagan, see this, this and this. So, the idea that Hirshman and Flanagan dominate the discourse about the status of women in this country is pretty alarming. The reason that this is so, however, is fairly obvious: They confirm some of the worst stereotypes about women generally and feminists particularly, and in so doing, they buttress the patriarchy magnificently. Flanagan attacks feminists for being opposed to nurturing and motherhood and sex, and Hirshman seems to confirm that feminists are indeed opposed to nurturing and motherhood, and are incredibly nasty and intolerant of dissent as well. Flanagan reinforces the patriarchy directly, by telling powerful men what they want to hear: women are happiest as willing, subservient helpmates. Hirshman provides the patriarchy with abrasive evidence that many negative beliefs about feminists are true: we despise motherhood and think only of our own self-interest.

This dominance of the mainstream gender discourse is bad for the women that Hirshman and Flanagan don’t speak for, and I count myself among them. As for what can be done about this, well, one solution is simply to try to drown both of them out. Toward that end, let me strongly recommend the new book by Katha Pollitt, Virginity or Death! And Other Social and Political Issues of Our Time. Echidne of the Snakes gives it a very good review here. Pollitt has no appeal to the patriarchy she challenges so eloquently, but the patriarchy isn’t in control of everything! The feminist movement needs more “personified visibility,” and people like Pollitt can serve many of us a lot better than Hirshman, and I will do everything I can to help her get more public attention, such as this:
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Walking around with that book in plain view in South Carolina is going to be awesome! Maybe I’ll get the cover silk-screened onto some tee shirts as well!

–Ann Bartow

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United Nations Human Rights Committee Report on Women’s Human Rights in the United States Under the International Covenant on Civil and Political Rights

Available in PDF here. A NOW Foundation overview of the Report states:

The 49-page “Gender Shadow Report” details women’s status and treatment in a variety of areas:in the criminal justice system, under increasingly harsh immigration and asylum laws and from inadequate anti-violence laws, among others. Documented as well are the disadvantages that millions of working women experience because of poorly enforced anti-discrimination employment laws, the lack of unemployment insurance and health care coverage, the perpetuation of a highly inadequate minimum wage that keeps millions of families below poverty-level income, and the serious lack of family supports that are common to other developed nations. These are just some of the many U.S. violations of the sex equality provisions of the ICCPR.

As the Human Rights Committee has previously expressed an interest in a closer examination of U.S. treatment of women in prison, the report contains an extensive discussion of the shackling of women in childbirth, the potential for loss of parental rights and the denial of access to abortion. The restriction of access to abortion for women in prison violates seven different articles of the ICCPR as well as Amendments Eight and Fourteen of the U.S. Constitution.

The report also notes the U.S. violation of Article 3 of the ICCPR in its practice of funding and promoting biased and non-scientific abstinence-only sex education, currently supported in public schools by hundreds of millions of taxpayer dollars.

In late May, NOW Foundation completed its contribution (PDF) to the “Gender Shadow Report” describing expansive, entrenched and systemic sex-based employment discrimination in this country. It concludes that laws and policies in the U.S. in both the private and public sectors make the U.S. workplace as “one of the least supportive employment environments for women of any developed nation.” With alarm, NOW Foundation emphasized that political leaders are currently reducing funds and dismantling programs adopted over the past 40 years that have promoted equality for women.

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Women Suicide Bombers

Nathalie Bennett of Philobiblon posted a review of a book called “Female Suicide Bombers” by Rosemarie Skaine, at Blogcritics. Below is an excerpt:

…An attack now has to have some special feature : like the bomb being in the attacker’s shoes : to get it into the headlines, rather than just drifting around in the news wraps. There’s a logic to that, for one database, quoted in Rosemarie Skaine’s Female Suicide Bombers records that there was an average of three such attacks per year in the 1980s, ten a year in the 1990s, 40 each in 2001 and 2002 and almost 50 in 2003.

One thing that will, however, help an attack hit the headlines is if the suicide bomber is female. That’s still seen as shocking, surprising. Which is odd, really, since I learnt from Skaine’s book that the suicide belt – that bomb image with which we’ve all become so familiar, was invented for women attackers, by the Tamil Tigers in Sir Lanka. What’s relatively unusual there is that the women aren’t just used as suicide attackers, but also soldiers. Women’s units have been used in battle since 1984 and the first female commander was appointed in 1990. That’s in contrast with the groups from Islamic societies, where women are, other than suicide attacks, generally kept out of the active fighting.

Yet interesting Skaine reports on a Islamic website, named Al-Khansaa, after a female poet contemporary with Muhammad, that praised suicide bombing as a way to female liberation. And she reports an account that Yasser Arafat was responsible for coining the term shahida – “previous to his speech [in January 2002], there was no feminized version of the masculine form of the Arab word for martyr.”

Overall, the best statistics available suggest, Skaine reports, about 15 per cent of suicide bombers have been female. Given the gender frameworks of the societies from which they come, that’s perhaps a surprising figure, and she reports the many explanations that have been used for their participation.

It seems the general Israeli security view is that the female attackers are marginalised individuals, left with no place in their own societies, perhaps feeling the need to atone for some “deviant” behaviour. Yet that would seem to be contradicted by the first Palestinian suicide bomber, Reem al-Rayishi, a young mother in her early 20s who left behind two young children.

Another view is that they are driven by extreme anger, by the damage done to them and their loved ones. Seemingly supporting this case is the Tamil Tiger Thenmuli Rajaratnam, known as Dhanu, who killed Rajiv Gandhi. Four of her brothers were killed in the conflict, her home was looted and she was gang-raped. Similar stories accompany many of the Chechen “black widow” attackers.

Some present the women as victims themselves, duped, drugged or browbeaten into the act. The Chechen Zarema Muzhikhoyeva would seem to support that case. Widowed, deprived of custody of her daughter, she was known as “a person easily persuaded”, had taken a loan from her controllers, and seems to have been broadly mentally unstable, a state amplified by the use of drugs by her controllers. She, however, did not go through with the attack, acting suspiciously to ensure that she would be stopped and the bomb defused.

A related view to that is that the women are brainwashed by extreme religious fundamentalism. Yet that view is apparently counteracted by the rapid spread of the use of the tactic, involving at least half a dozen women, in Iraq, a country in which Islamic fundamentalism is foreign.

Women attackers might even see their actions as overtly feminist: Skaine quotes Yoram Schweitzer, who suggests these attacks might open “a Pandora’s Box of demands by women for rights and freedoms currently denied Them”. Denied other opportunities to fight, women might see this as their only option. …

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The New Linda Hirshman Book

I’m not much of a Hirshman fan, to put it mildly, but The Happy Feminist is and she has multiple blog posts up explaining why, here, here, here (this post has a very useful link round up), and here that are very much worth reading, whatever your feelings about Hirshman’s approach to contemporary feminism.

For a somewhat different view, read Echidne of the Snakes.

–Ann Bartow

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“Saudi women unveil opinions online”

According to the Christian Science Monitor:

In this country where women are forced to completely cover themselves in public, are barred from driving, and need permission to travel abroad, it’s small wonder many are embracing the freedom of anonymity on the Internet.

As Internet usage continues to climb here, so do the numbers of women who have started Web logs, or blogs, to express themselves in ways they might never do in public.

“I love blogging because it helps me to express myself and I like to write in English,” says Farah Aziz, a translation student at King Saud University in Riyadh who started blogging in January 2005.

The content of Ms. Aziz’s blog (http://farahssowaleef.blogspot.com), which chronicles the life of a college student, would probably do little to cause alarm among government censors. But other women bloggers are drawing the attention of the state as well conservative male bloggers who have taken to policing the Internet for bloggers acting in ways that they perceive as inappropriate according to Islam.

Saudi Eve, who regularly writes about her love life and religion, and who declined to be identified by her real name because of the sensitivity of the issue, woke up on June 2 to find that her blog (http://eveksa.blogspot.com) had been blocked.

“Back and blocked,” she wrote on her blog on June 2. “I’m temporarily back in Saudi only to find that ‘Saudi Eve is officially blocked in Saudi.’ ”

The closure of her site signals the beginning of a cyber battle between liberal Saudi bloggers and their more conservative counterparts.

Blogging under the name Green Tea (http://www.g-tea.com/), Riyadh law student Mohammed al-Mossaed recently formed a conservative group of Saudi bloggers called the Official Community of Saudi Arabian Bloggers (OCSAB). “I am not responsible for the blocking of any website,” says Mr. Mossaed. “OCSAB also has nothing to do with it. Maybe [Saudi Eve] broke [the state’s] rules by sometimes talking about God and sex.”

Response and sympathy from fellow bloggers was swift, with many urging the Kingdom’s Internet watchdog, King Abdulaziz City for Science and Technology (KACST), to unblock the site.

Deeply conservative, Saudi Arabia is among the most restrictive countries in regard to Internet access in the world, with most traffic going through a central hub at KACST in Riyadh. The biggest number of sites blocked are pornographic sites, followed by sites that discuss drugs, religion, and terrorism. But KACST itself admits that it sometimes blocks benign sites by mistake.

“The blacklist we use is a combination of an international commercial blacklist and a local blacklist,” says Mishaal Al-Kadhi, the head of KACST’s Internet Service Unit, in a phone interview from Riyadh. “Ninety-five percent of blocked sites are pornographic. But we do make mistakes sometimes and urge people to e-mail us with their unblock requests.”

Saudi Eve, who is in her late 20s, single, and often travels abroad on business, says she was singled out for being female and for daring to write about her love life and God in the same post.

“My blog wasn’t blocked because I wrote about romantic escapades, for as you know there are so many blogs on the Internet – both Saudi and non-Saudi – that write/blog about ‘romantic escapades’ among other Saudi taboos but aren’t being blocked in Saudi,” she said an e-mail exchange.

“In my opinion, my blog was singled out and blocked because I – a Saudi female – wrote about romantic escapades in Arabic, plus I committed the ‘ultimate sin’ by mentioning the name of God in those posts,” she explained. “To a Saudi male, romance is only allowed if written in English or by a male. It definitely isn’t tolerated if it’s written by a Saudi female, let alone in Arabic.”

Saudi Eve is not the only blogger to feel the wrath of conservative bloggers. Aziz, too, has had her run-ins with OCSAB and Green Tea, saying that they have threatened her in comments left on her site.

“First, they say that a blog cannot disrespect Islam in any way in order for it to be included in OCSAB,” says Aziz. “Second, they say that they don’t accept blogs that are personal diaries, which is ridiculous as most blogs are just that.”

Yet Aziz admitted that OSCAB’s aim to spread the culture of blogging among Saudis was working, though perhaps not to her liking.

One female blogger (http://www.classic-diva.blogspot.com/) said that she was stopped from using the Internet at home for several months after her conservative brothers grew suspicious about why she was spending so much time online.

“I’ve been blogging since April 2005. It’s a way to vent out my frustrations and to write,” said Jo, who asked only that her first name be used. “My family knows that I have a site, but they don’t have a concept of what blogging is.”

Jo was forced to sneak out of her house to use the Internet at the house of friends or at a local Starbucks, and still has limited access to the Internet at home. She says that the blocking of Saudi Eve signals a battle that has already started between liberal and conservative bloggers in the Kingdom.

“We have this clash going on between us liberals and the conservatives in the blogosphere. I think that OCSAB is trying to scare us,” says Jo.

For her part, Saudi Eve has not decided yet whether she will start a new blog to overcome being blocked in Saudi, or whether she will send KACST a request to unblock her site.

“I haven’t decided yet whether to react to this block or just to ignore it. There are readers in the rest of the world you know!” she said in an e-mail shortly before leaving the kingdom on yet another business trip abroad.

I hope the bloggers don’t actually believe they are anonymous on the Internet, because that could be a fairly dangerous misconception. Still, it is nice to think about blogs providing Saudi women with voices, information, and a sense of community online. Via Miriam Cherry.

Update: See related link-heavy post at DCDecade.

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Links!

“Growing Up to Be Boys,” by Lakshmi Chaudhry at Alternet.

“Shoe deals sidestep rules on equality in schools,” by Rachel Bachman at The Oregonian.

“EU Overwhelmingly Votes To Condemn Homophobia” at 365Gay.com.

“Tell it like it is,” at Indianwriting.

“All Roads Lead To Egypt” at What An African Woman Thinks.

“The fundies won’t win in the end,” at Pam’s House Blend.

“You might be a white supremacist if…..” by Rachel S. at Alas, A Blog.

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Bishop Katharine Jefferts Schori of Nevada elected Presiding Bishop of Episcopal Church, making her the first woman to lead a church in the worldwide Anglican Communion.

The NYT story is here. The Guardian story is here. And Dr. Violet Socks at Reclusive Leftist reports:

Those wild and crazy homo-ordaining Episcopalians have broken yet another barrier by electing a woman to head up the entire U.S. church. The conservatives are muttering darkly about schism. Well, they’ve been muttering darkly about it, but the darkness of the muttering is now approaching pitch-black.

You can see their point, since Jesus clearly said that if you want to spread his word, the single most important thing is to have a penis that only becomes erect in response to females. A penis that wants to party with other penises is not a desirable substitute, though as long as you don’t give in to your penis’s proclivities you’ll probably be okay. But of course if you don’t have a penis at all then you’re right out of luck. You can help out the penis-bearers by sweeping up the church and bringing cupcakes for the bake sale, that sort of thing, but that’s it.

The new female bishop is married, so perhaps she can use her husband’s penis as a proxy. He could come along to all the meetings and just sit next to her, with his penis. The church could even give him a special title as the Right Reverend Proxy Penis-Bearer or something. That ought to square things with the conservatives.

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Any Reason For A Party, Eh?

eh!.jpg

Via Feminist Law Prof KC Sheehan at Doing Justice.

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“Women Wrestling With Laws”

Laurie and Debbie’s Blog “body impolitic” notes:

In Missouri, they’re now requiring a selection of women athletes (pro wrestlers, pro boxers, and martial artists) to take pregnancy tests before any match. Nineteen-year-old wrestler Julie Utley is protesting the regulation on the grounds of expense: she figures that it will cost her an extra $60 for every match she participates in.

We don’t think we really have to say much about how this relates to the increasingly strong anti-abortion lobby, about how we feel about the state’s treatment of these potential babies once they are actually born; or even about the characterization of women as baby containers. All of those things are true, and worth saying, and familiar.

Instead, let’s look at how men react when women encroach on a sphere they have previously considered their own. Historically, this certainly happened in the first half of the 20th century, when a host of well-meaning restrictions on how much women should be allowed to carry, or how late at night they should be able to work, effectively shut women out of a great many lucrative careers (and remember, these are the very same women that our culture criticizes if they choose sex work).

In the last ten years, one unmistakable trend in entertainment has been the”kick-ass heroine.”From Xena to Buffy, from Storm to River Tam, TV screens and movie theaters are alive with traditionally beautiful, unmistakably sexy young women flinging opponents around like confetti. So what happens when you bombard people with a set of repeated attractive images? Real live people start wanting to do the same thing.

Thus, the increasing interest in professional boxing, wrestling, and martial arts for women. And we know that the guaranteed reaction of a large subset of men, including a lot of men in power, is to try to defend their turf. (Don’t they want to fuck these hot screen babes? Of course they do, but that doesn’t equate to watching them take over the local dojo.)

So, regulations. It’s not fashionable just now to protect women as women. But it is fashionable to protect fetuses. Which means protecting mothers. So all they have to do is define all women as potential mothers, and before Buffy could fling you over the fence, you have a solution. And you can use that ever-so-popular defense if anyone criticizes you:”We’re just thinking of the children.”

We’re rooting for Julie Utley to take her protest physical.

NB: I’ve “reblogged” almost the entire post here because I couldn’t figure out an effective way to edit it and capture its wonderful power and tone; if Laurie and Debbie object I will of course delete the post. By all means check out everything at body impolitic, it’s a great blog.

–Ann Bartow

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Another Defense of MacKinnon

It would be nice if more people would actually read MacKinnon as an ethical preface to criticizing her, so they would stop writing things like this :

Anyway, in case there’s any doubt, I agree with R. that the Sex Police are, though god knows they don’t mean to, reinstating patriarchal values. If there’s any doubt that this is the general tendency of the Sex Police, let me remind you that radical feminists in the 80s actually found themselves aligning themselves with the Ed Meeses of the world, and that is fucked up. On a fundamental level, opting out of every interaction that the patriarchy has laid claim to and declared”degrading to women”means that you have no chance at living because the patriarchy has basically marked being female as degrading.

Where to even start. As the petty academic pedant, by pointing out that it is technically erroneous to refer to the 1986 Commission as the Meese Commission, given that the Commission was appointed by Attorney General William French Smith and merely delivered its report during the tenure of Attorney General Meese? Probably not, though it is always useful to remember that anyone who calls it the Meese Commission Report almost certainly hasn’t read it for the purpose of understanding MacKinnon’s role, but hey, why let that be a barrier to castigating her for it! Just shout “Sex Police” and wait for the amen chorus!

Maybe I should ask whether it supported or undermined free speech when the Playboy Foundation obtained an injunction, in the name of freedom of expression, to prevent the Attorney General’s Commission on Pornography from publishing information about which retailers sell pornography? See Playboy Enters. v. Meese, 639 F. Supp. 581 (D.D.C. 1986). Should I point out, as this case does, that pornographers care only about the First Amendment when it helps their businesses? Or should I sink to the level of suggesting that those who are pro-porn have allied themselves with sleazy censors, “and that is fucked up”? Also note that while MacKinnon had a dialogue with Smith and Meese, the common ground they found was small. And MacKinnon never took money from Meese, while many pro-porn “feminist” organizations are lavishly funded by pornographers, so maybe a little nuance is called for on this topic? At least MacKinnon was open and straightforward about her agenda, does being principled count for anything?

I’m too angry to be at all diplomatic right now. Maybe better to defer to some of the other feminists who have read and considered her work. Below is an excerpt from a review of Feminism, Ummodified by Frances Olsen that appeared at 89 Colum. L. Rev. 1147 (1989):

A useful way to understand what MacKinnon is saying about sexuality might be to compare it with the debate about rape. It is through MacKinnon’s intervention into the rape debate that some people came mistakenly to believe that she considers all men, even those who have seemingly loving and fully mutual sexual relations with their wives, rapists.

Women went to great effort to establish the principle that rape was a crime about violence, not about sex. As long as significant numbers of men considered rape a crime of sexual passion, rape was not being taken seriously. In all too many law school classes, rape would be the area in which even the dullest professor would expect to be able to get the class to laugh appreciatively at his “humor.” The notion that rape expressed sexual passion was used as part of an apologetic, antifeminist argument.

The move to argue that rape was violence not sex was generally successful, and most rape jokes became as taboo as the racist jokes of an earlier era. Now, MacKinnon and other radical feminists have begun to demonstrate the ways in which rape, while a crime of and about violence, is also a crime of and about sex (p. 88). To understand this argument, it is important to recognize sex as a social construct, not some kind of pre-social, unchanging given. Sex is universal, but it is also historically specific, and our society has constructed a sexuality that can be and often is linked to violence. If, as MacKinnon argues, the relationship of domination and subordination is sexual, the eroticization of violence becomes just a special case of the eroticization of domination and subordination.

To say that rape is not just violence but is also sex is not, however, the same thing as saying that all sex is rape. MacKinnon does not say that all intercourse is rape; she has never said that, and she does not believe that. She does question the effort by some to draw a neat, sharp line between what is rape and what is not. Conservatives and liberals alike have noted the same difficulty, though perhaps as often to narrow the legal definition of rape as to question our society’s definition of sexuality. As long as women are thought to falsely or ambiguously deny wanting sex, men may be confused regarding consent. From MacKinnon’s perspective, “consent” is meaningless as long as society fails to hear or believe a woman’s refusal of sex. Women are socially denied the right to refuse sex; when they say “no,” all too often they are not taken seriously. Even if society comes to accept the simple, liberal-feminist argument that “‘no’ means ‘no’,” everyone can recognize occasions on which a woman has neither the ability nor opportunity to say “no.” MacKinnon generalizes from that recognition to question whether women as a group are not systematically denied the ability and opportunity to say “no.”

This change in awareness — from the idea that rape is violence, not sex, to the idea that rape is (also) sex — has enabled people to begin to take seriously date rape and marital rape, both of which are usually seen to have a sexual dimension in spite of their violent dimension. The change would probably not have been as possible before the public became aware of the serious harm rape causes, an awareness that was facilitated by the assertions of rape being a crime of violence, not of sex. There is still some risk, one must suppose, that the policy of re-establishing the recognition that rape is a crime of sex will backfire and once again the public that can afford to do so may cease to take rape seriously as a crime. But the greater likelihood is that women will be able to consolidate the gains they made in public awareness and launch a more broadly based campaign against sexual aggression.

For a much more recent, and similarly informed (for a nice change of pace) critique of MacKinnon’s work by someone who probably doesn’t identify as a feminist, see Charles King’s review of Are Woman Human? available here. He’s not thrilled with the work, and I agree with him in some instances, especially about the use of passive voice, and some of the generalizing. He is, however, despite his unfavorable views, fairminded enough to articulate something important, the reason that I will continue to read and learn from MacKinnon, and to defend her from unfair and uninformed attacks by people who are smart and talented enough to offer better:

It would be difficult to gainsay the central assumption in MacKinnon’s work, which she has expressed elegantly in her other volumes: that the State and law are universal constructs built on a very particular base. Men’s concerns are so fundamental to the way that institutions and legal frameworks are organized that we have become accustomed to believing in the universality of concepts that are plainly gender-specific. The way we think about fairness, peace, justice, rights, power and just about every other concept at the heart of the modern legal order can be shown to be based on and uniquely to benefit a particular category – men, certainly, but in different societies, men of certain castes, races, ethnic groups or religions. Erase these other category markers and there is a near universal preference for the gender-particular. Men both make the legal order and, usually, make it just as they please.

Given the slander and worse that routinely gets thrown at her, I wonder sometimes how MacKinnon manages to remain so passionately and relentlessly committed to feminism. I don’t ask anyone to agree with her about anything, goodness knows I take exception to aspects of her work, but out of a basic sense of fairness and decency, which are core aspirational feminist values in my book, could we not stop with the namecalling, and actually engage with her scholarship before critiquing her, rather than repeating charges made by people who would rather vilify her personally than have to repond to her arguments? What’s feminist about personal attacks, especially those that seek to insult people and silence debate?

See also this post.

Cf. Ms. Jared at Sinister Girl.

–Ann Bartow

Update: I received a nice e-mail from someone who made some additional points I think are worth adding:

1. Many feminists seek and sometimes find common ground with anti-abortion folks who support good, comprehensive sex education and vastly improved access to contraceptives. This does not mean those feminists are “aligned” with anti-abortionists in any substantive way on any other issue.

2. Some feminists find common ground with Christian Fundamentalists on domestic violence. While the mechanisms the Fundamentalists use to try to persuade someone to stop beating his wife or kids are sometimes appalling, such as pointing out how weak and helpless their victims are, they can far more effectively intervene in some situations in which a liberal feminist will be ignored at best.

The point of these observations, obviously, is that it is possible and sometimes productive to work with “the enemy” if you believe you have a worthy goal. Which, by the way, is exactly how some free speech organizations justify the money they take from pornographers.

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Katha Pollitt on “Prairie Grass Roots”

She has a new column up at The Nation. Below is a short excerpt:

For more than thirty years, opposition to legal abortion has nourished right-wing politics at the grassroots. The right, you see, never got the memo about abortion being a trivial “cultural” issue, or the one about how a strong uncompromising position would alienate potential recruits. Liberals got those memos. Liberals got other ones too, and not just on abortion: Don’t bother with small rural conservative states. Build big top-down Beltway organizations that don’t give members much to do except send money and e-mail their Representatives. Focus on the national picture–the White House, Congress and, above all, the courts. …

…Going the electoral route is risky, to be sure. It will take lots of people power and lots of tact: “It’s best to meet people where they are,” says Sarah Stoesz, head of the local Planned Parenthood affiliate. “In South Dakota it will come down to fairness for rape and incest victims, to the health issues and to families’ right to make their own decisions.” A loss in South Dakota would embolden antichoicers everywhere (not that they’re shy right now: Louisiana just passed a “trigger ban,” which would outlaw abortion immediately if Roe is overturned, and Governor Kathleen Blanco, a Democrat, has vowed to sign it; twelve other states are considering bans of their own). But success would be a powerful statement about the limits of antichoice politics.

Via Nancy at Heavens to Mergatroyd.

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Forell on The Meaning of Equality: Sexual Harassment, Stalking, and Provocation in Canada, Australia, and the United States

Forell PhotoFeminist Law Prof Caroline Anne Forell (University of Oregon School of Law) has posted to ssrn her article, “The Meaning of Equality: Sexual Harassment, Stalking, and Provocation in Canada, Australia, and the United States,”  8 Thomas Jefferson L. Rev. (2006).   Here is the abstract:

Sexual harassment, stalking, and the partial defense of provocation are areas of the law where most of the injured parties are women and most of the perpetrators are men.   This article examines how, in Canada, Australia, and the United States, two visions of gender equality, formal and substantive, have influenced the law’s development in these areas.

The full paper  can be downloaded  here.

-Posted by Bridget Crawford

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“Stalker Memoir”

At Letters From A Broad. Via Bitch, Ph.D. who provides an overview and commentary about the stalker memoir posts.

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‘Violence, Policewomen & Football”

Global Voices features a meta-post about police in Iran beating and arresting a group of women activists who tried to hold a demonstration asking for greater legal rights in a public square in Tehran on June 12th, with photos and lots of related links.

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Because She Couldn’t Possibly Be Smart and Hardworking?

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Over at Concurring Opinions, law prof Kaimipono Wegner posted the above photo and wrote:

The New York Times front page is running a photo of Karl Rove. Alone? No — the photographer is careful to include the smiling woman at Rove’s side. Meanwhile, the lead pictures at Yahoo — taken from a different angle — again include the same woman, and she’s smiling some more. (Rove himself is smiling in a few of the pictures, and kind of glaring in a few of them).

So who is this woman who is awarded photo space on the NYT and Yahoo front pages? She must be someone important. Is she Rove’s chief lawyer? A family member? A close friend?

Nope — according to the caption at Yahoo, the woman in the photos is Rove’s executive assistant, Taylor Hughes. No further explanation is provided. Based on today’s pictures, I’d say that her job is apparently to stand near Rove and smile brightly whenever pictures are being taken. This is a probably good strategy, too, because Rove himself often looks pretty glum. I guess she really is important.

I’m trying to read this in a way that isn’t revoltingly sexist, but I’m struggling…

–Ann Bartow

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Ha!

Eric Muller at Is That Legal notes that the U.S. military launched an assault against the Taliban yesterday which they are, seriously, not joking,  calling “Operation Mountain Thrust.” Possibly this is because all the cool  phallus-referencing names like “Big Dick Fight” and “Operation Enraged Missile” are already taken.

–Ann Bartow

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Cahn on Women in Post-Conflict Reconstruction: Dilemmas and Directions

Cahn PhotoFeminist Law Prof Naomi Cahn (George Washington University Law School) has posted to ssrn her article, “Women in Post-Conflict Reconstruction: Dilemmas and Directions,” 12 William & Mary J. of Women & L. 335 (2006).   Here is the abstract:

A critical issue for post conflict reconstruction is moving beyond criminal prosecutions that ensure accountability of perpetrators toward a system that also serves the needs of victims. When reconstruction includes disarmament, demobilization, and reintegration (DDR) and development services, these programs cannot be separated from perpetrator responsibility. The traditional criminal justice is perpetrator-centric. Alternative forms of justice have broadened this focus, recognizing that the legal system must respond to both victims and perpetrators. Transitional justice, which focuses on responding to past human rights violations, is critical to holding violators accountable for their acts.

In addition to criminal and civil accountability (rights- based justice), perhaps the most significant form of justice for women is assistance traditionally associated with development, as it provides critical social services and facilitates all aspects of post conflict reconstruction. This article seeks to expand conceptions of international justice in the post conflict setting to include social, economic, and development-based rights. It examines two aspects of gender that are integral to post conflict reconstruction and involve women’s differing roles during conflict: the significance of integrating gender into DDR and the necessity of domestic responses to the crimes of sexual violence.

The full paper is available here.

-Posted by Bridget Crawford

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Marc Spindelman on the Connections Between Sex Equality and Lesbian and Gay Rights.

Feminist law prof Marc Spindelman has published commentary (linked below) about a case, Ohio v. Carswell, that the Ohio Supreme Court has recently agreed to hear which involves a challenge to the state’s domestic violence law under Ohio’s recently-enacted (anti-gay) Marriage Amendment. Spindelman asserts that the case illustrates the deep connections, widely overlooked, between sex equality and lesbian and gay rights, and argues that a victory here for women’s rights is going to be a setback for cultural conservatives, hence also a victory for lesbians and gay men, including those who are domestically abused. Entitled “The Honeymoon’s Over: Cultural Conservatives Stumble Legally in Campaign to Ban Same-Sex Marriage,” it appears in the 6/12/06 issue of Legal Times and can be read here.

NB: If your interest in the issue is piqued by Spindelman’s excellent essay, Lamda Legal’s amicus brief filed in the lower court proceeding is accessible here.

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On Academic Freedom

Long and terrific essay by Michael Berube accessible here.

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Pornography’s Market Share

BusinessWeek (June 19, 2006) reports the results of a survey of 10 million internet users in the United States during one week last month.   “Adult entertainment” sites accounted for 13.7% of visited sites, while search engines (7.4%), “business & finance” (7.3%), shopping and classifieds (6.9%) and news sites (3.4%) received far less traffic.  

Are these statistics surprising to anyone?   I would have expected the “business & finance” and news search numbers to be higher.   It is an interesting survey, though, that invites many follow-on questions: Were the surveyed users exclusively home users?   Did the survey track “click-throughs” from search engines?   For survey purposes, what qualified as an “adult entertainment” site?  

The full BusinessWeek article  is here.

-Posted by Bridget Crawford

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Infanti on Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerrilla Warfare

Feminist Law Prof Anthony C. Infanti (University of Pittsburgh) has posted to ssrn his article, “Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerrilla Warfare,” Unbound: Harvard Journal of the Legal Left, Forthcoming.   Here is the abstract:

Inspired by Giorgio Agamben’s Homo Sacer: Sovereign Power and Bare Life, this essay raises the question whether lesbians and gay men should fundamentally rethink their relationship with the law. Until now, lesbians and gay men have played by the rules: We bide our time for the appropriate moment to challenge the application of the law, and then do so from within the legal system through impact litigation. Focusing on Agamben’s discussion of Kafka’s parable Before the Law, this essay challenges us to consider whether, instead of engaging the law on its own terms, lesbians and gay men should use the law as a tool against itself in an effort to open the way for a meaningful and thorough reconsideration of the appropriate relationship between sexual orientation and legal and social norms.

The full paper can be downloaded here.   This is a thoughtful and provocative piece.  

-Posted by Bridget Crawford

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A Cautionary Tale For Women Who Blog About Sex, Even Though It May Be The Only Way To Get Blogospheric Attention In The First Place

I’m not a fan or even regular reader of Ana Marie Cox, but did she really deserve this? Excepts:

Funny, the last thing we remember was that bitch stewardess in first class telling us we couldn’t have another Screwdriver. I told her, “I’m a columnist for TIME MAGAZINE, you stupid sky-wench! I can have as many goddamn Screwdrivers as I fucking want!” Maybe we shouldn’t have taken that bar Xanax (or was it two?) at Reagan National.

Now we just need to track down some vodka and find out why we have Joe Klein’s business card and $50 in our pocket.

and

We got an email from GLENN R!!!! He told us not to call his home number anymore because of his wife, but then he asked if we think he should shave his back. We told him YES because the gays do that and ANYTHING the gays do is HOT!!!

Now we’re going to take some Ambien, wash it down with some room-service scotch, and drift off to sleep dreaming of our sweet **GLENN**!! Ooooh, DADDY!! …

…We know we weren’t supposed to call G.R. at home. We didn’t expect his evil cunt bitch whorebag wife to answer. Evil BITCH! HATE!! HATE!! HATE!! We hung up and called Hitchens, but the woman who answered the phone said he was passed out under a taxi.

No doubt my lack of appreciation for the wonderous levity at play further establishes my humorless feminist credentials, but there had to be less sexist ways to mock her, especially at one of the most high profile political blogs run by a woman. I know that as “Wonkette” Cox used risque humor as a lure for readers and she was quite successful at it, but I don’t remember her being as as meanspirited or personal as the FDL satire. Without the sex references, I doubt she have been nearly as successful as a blogger, and while I don’t exactly respect some of the professional choices Cox has made, I resist the view that “bad girls” bring this sort of misogynist treatment on themslves.

Once again I wonder why I seem to have such a different view of liberalism and its core values than other bloggers; and I don’t think having or lacking sense of humor is really the issue.

–Ann Bartow

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