Human Trafficking, Coercive Sex and Feministing

I’m having a difficult time understanding this post at Feministing. As far as I can tell, the post author prefers that the federal government NOT “waste time” investigating cases where pimps claim that trafficked, prostituted people are “free to leave.”

The author claims that if this law (which at least she links to, unlike the allegedly problematic House amendment, H.R. 3887) (see “fact sheet” overview of this law here) is amended in some mysterious way that she describes as “remov[ing] all together the requirement that force, fraud, or coercion be present in instances of commercial sex,” then there will be “delays” in investigating other cases of trafficking. She provides no evidentiary basis for this claim in the post. We are apparently just supposed to believe that by declining to investigate sex trafficking, the federal government will pay more attention to other trafficked people. She disengenuously gives the example of a women who has been waiting a long time to have her trafficking case investigated. Was this delay caused by H.R. 3887? No, because it has not passed the Senate, no less become law. But if it does, the resources the government devotes to human trafficking will actually increase! Needless to say, the Feministing post does not mention this inconvenient fact.

There is a fair amount of dishonest pro-prostitution cheerleading going on at Feministing here, and the fact that the post is long on instrumental outrage but short on specifics is deeply appalling and incredibly suspicious. The text of H.R. 3387 is public information. It was sponsored by Rep. Tom Lantos [D-California] and cosponsored by 42 others, including Rep. Carolyn Maloney [D-New York], who has been written about with great admiration by Feministing bloggers in the past, she was even their “Woman of the Week” once. If not to their readers, don’t the folks at Feminsting at least owe it to Maloney to explain exactly what they think the problem with this bill is, and why?

–Ann Bartow

Updated to add: The United Nations estimates that some 80% of persons trafficked are trafficked for sexual exploitation, most of whom are women and children. These are the folks Podkul doesn’t want to “waste” money helping?

See also. And see also.

From Equality Now:

The Trafficking Victims Protection Act (TVPA) enacted in 2000 is aimed at combating trafficking in persons, whose victims are predominantly women and children, to ensure punishment of traffickers and to protect its victims. While this law has strengthened anti-trafficking measures, it has also proven to be a difficult tool particularly in the prosecution of sex trafficking cases because of the proof requirements of”force, fraud and coercion.” Many victims of trafficking have been lured, deceived or coerced into sexual or labor servitude. Many victims of trafficking know their traffickers. Proving that”force, fraud and coercion”was used at any given time or at all times of trafficking victims’ labor or sexual servitude is ineffective in prosecuting trafficking cases. This”force, fraud, coercion”requirement poses a significant burden on victims, who are often reluctant to testify for a number of reasons, including fear or mistrust of law enforcement, threats by traffickers to harm them or their families or traumatic bonding with their captors. The proof of”force, fraud and coercion”is so onerous for federal prosecutors, that less than 70 sex trafficking cases have been successfully prosecuted since the TVPA was passed.

Owing to this and other inadequacies under the TVPA and because its funding provisions are expiring, new legislation, the William Wilberforce Trafficking Victims Protection Reauthorization Act (H.R. 3887) aimed at strengthening the TVPA is making its way through Congress. On December 4, 2007, the House of Representatives overwhelmingly passed H.R. 3887 (405 to 2), which strengthens the TVPA as it incorporates language from the federal Mann Act that criminalizes anyone who transports a person across state lines for purposes of prostitution, making it much easier to prosecute sex trafficking cases. The Mann Act language would lower the burden of proof by just showing that the individual”persuaded, induced or enticed”a person into prostitution “in or affecting interstate commerce.” The TVPRA also includes provisions that make sex tourism a crime and provides trafficking victims increased protection and services.

It is now up to the Senate to pass H.R. 3887. In January 2008, Equality Now in collaboration with the Coalition Against Trafficking in Women (CATW), The Feminist Majority, and the National Organization for Women (NOW) wrote a joint letter (PDF 228K) to Senator Joseph Biden and Senator Sam Brownback, reported co-sponsors of the anti-trafficking reauthorization bill, urging each of them to pass the Wilberforce Act as soon as possible.

UPDATE 2: Like Podkul, the Bush Justice Department opposes this bill. Why? In part, BECAUSE IT WILL HELP PROSTITUTED WOMEN. The Bush DOJ’s objections to the bill are articulated here. Among them:

– It will require the DOJ to “waste” money helping adult trafficking victims, when all the DOJ wants to do is help children. Because in Bush World only child victims are innocent enough to be deserving of help?
– It “authorizes federal Victims of Crime Act funds to be provided to prostitutes.” Oh, the horror! Of course Bush’s DOJ does not want to help prostitutes financially. But why doesn’t Podkul?
– It “would allow trafficking victims to stay in the United States pending resolution of a civil suit they filed against the traffickers who had victimized them.” Goddess forbid the victims should get to see their day in court! Of course the Bush Administration wants to deport coerced prostitutes. It doesn’t consider them human.

Hey, guess what else? The Bush DOJ funds Ayuda, Podkul’s employer! What an unexpected coincidence. Not.

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Ruining a Law Student’s Life for Fun and Profit?

Paul Gowder is right.

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Melissa McEwan’s “For the Record”

A very powerful post appeared at Shakesville a couple of days ago. Since I don’t think I can excerpt if effectively I’ve reposted the entire thing here. I hope Liss doesn’t mind and if she does I will remove it at her request. Here goes:

I’m not sad because Obama’s the nominee.

I’m sad because there are women at this blog, in my personal life, across this nation, and:if my inbox is any indication:across the globe, women of all races and sexualities and socio-economic classes, many of whom weren’t even Hillary Clinton supporters, many of whom voted for Obama in the primary, who have watched with horror the seething hatred directed at Hillary Clinton just because she is a woman.

(I’m not talking about legitimate criticisms of her campaign, which I have made myself. I’m not saying any criticism of Clinton is de facto sexist; it isn’t. I’m talking specifically and only about misogynist attacks, which are always unjustified and smear not just the woman at whom they are directed, but all women.)

And these women have witnessed this despicable but spectacular marriage of aggressive misogyny and their long-presumed allies’ casual indifference to it, and wondered what fucking planet they were on that dehumanizing eliminationist rhetoric, to which lefty bloggers used to object once upon a time, was now considered a legitimate campaign strategy, as long as it was aimed at a candidate those lefty bloggers didn’t like.

And these women felt, quite rightly, like feminist principles were being thrown to the wolves in a fit of political expedience.

And these women felt personally abandoned. By people they had considered allies.

And while they struggled to understand just what was happening, while they were losing their way along well-traveled paths that no longer felt familiar or welcoming, they were admonished like children to stop taking things personally. They were sneered at for playing identity politics. They were demeaned as ridiculous, overwrought, hysterics. They were called bitches and cunts. They were bullied off blogs they’d called home for years.

(But don’t take that personally.)

And now, at long last, even now, when Clinton cannot win, she is being pushed out, carelessly, rudely, with little regard for the implicit message in hustling a historic candidate off the stage and demanding her graciousness in defeat, despite offering her no graciousness in victory. Right to the end, there is a lack of respect that hurts to watch.

And I’m sad because I know there are women who are hurting. Not because their candidate lost. Clinton may not have even been their candidate. They’re hurting because misogyny hurts all women, and because they have fewer allies than they once thought.

And unlike the people (including many of these women) who are feeling the same way with regard to racism in this campaign, who are licking wounds of racist attacks even as preparations begin for the breathtakingly awesome celebration of the first ever presumptive nominee of color, ZOMG, these women do not have an equivalent wonder to celebrate. They don’t have a “despite it all.” They don’t have a step forward to point to, to say the pain was worth it.

They just have the pain.

And I’m sad because I see so little evidence of people who are willing to understand that.

–Ann Bartow [Comments to this post will be moderated even more heavy-handedly than usual. Folks in the blog roll have the absolute right to comment as they wish, but no one else does.]

LISS POSTED AN UPDATE HERE.

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“The Girl Effect”

The Girl Effect overview video, viewable here. Affiliated website here. And see also. Via Froomkin and here.

Edited to add: Shorter “Girl Effect” – if we start treating women like human beings maybe they will clean up some of the horrific messes that men have made.

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A parental notification ballot measure was certified last week for the California state ballot in November.

The proposed measure would amend the California constitution to require parental notification and a 48-hour waiting period before allowing a minor to obtain an abortion. Via.

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I Don’t Believe In “I Believe” License Plates

As I told Adam Hochberg. More information here.

I_BELIEVE_SC.jpg

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When Defending an Unpopular Client Means Losing a Law License

From today’s NYTimes:

Two prominent human rights lawyers have lost their licenses after volunteering to defend Tibetans charged in the violent anti-China protests that erupted in March. The decision comes as Chinese authorities are tightening scrutiny over dissidents in advance of the Olympics in August.

The two lawyers, Teng Biao and Jiang Tianyong, are known for taking on politically contentious cases, including those alleging official abuses of human rights. Reached on Tuesday night, Mr. Teng said he learned last week that judicial authorities had renewed the license of every lawyer in his firm, except his own.

The Chinese may be “tightening scrutiny over dissidents,” but this action certainly invites more — not less — outside scrutiny of its social and political policies.  As hundreds of law professors said earlier this year in joining the Yale  petition to General Musharraf of Pakistan, “trampling upon the very system of law” weakens a government’s authority over its people.  Democracy may not be coming to China any time soon, but all of us who care about the freedom to voice unpopular views, to be treated fairly by the judicial system and to advocate on behalf of our clients within the bounds of our ethical and legal responsibilities should be outraged at China’s treatment of Mr. Teng and Mr. Jiang.

Non-sequitur (or not):  The legal profession in China remains largely male-dominated.  Chinese-controlled Tibetan press reports here  in an undated article that there are approximately 153 lawyers in Tibet, 6 of whom are women.  

The full NYTimes story is here.

-Bridget Crawford

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Do Men Often Order You To “Smile”?

Smile On A Stick” might be a useful solution.

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“The Women” The Movie

Trailer here. Article about why it has not been released here. Via Jezebel.

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Are Blogs Bad News?

Law profs Cass Sunstein and Eugene Volokh debate this here.

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The Days Before Roe

The New York Times today has an essay from an obstetrician/gynecologist who recalls the days before Roe.   He treated women with all sorts of medical problems as the result of attempting an illegal abortion without medical assistance.   The stories are harrowing, but incredibly important in understanding just what overturning Roe v. Wade means . . . in real women’s lives, not just in theory.   His conclusion is as accurate a statement about the issue as there can be:

It is important to remember that Roe v. Wade did not mean that abortions could be performed. They have always been done, dating from ancient Greek days.

What Roe said was that ending a pregnancy could be carried out by medical personnel, in a medically accepted setting, thus conferring on women, finally, the full rights of first-class citizens : and freeing their doctors to treat them as such.

For anyone who cares about this issue, this essay is a must-read (and yet another reason to think of Justice Stevens’ age and health).   I also strongly urge everyone who hasn’t already to get a hold of Motherless, a documentary about 4 people who grew up without mothers because their mothers died from having an illegal abortion in the pre-Roe years.

– David S. Cohen

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Feminist buttons circa 1968 – 1972

From here!

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California Same-Sex Marriage Ban Ballot Initiative Approved for November Election

After last month’s historic decision by the California Supreme Court, voters in California are now going to get to decide whether discrimination should be written into the state’s constitution the state’s constitution should explicitly ban same-sex marriage.   A ballot initiative for November was approved yesterday by the Secretary of State yesterday.

The voters of California in 2000 approved a non-constitutional ballot initiative banning same-sex marriage.   (That was what was struck down in May by the state supreme court.)   I don’t know what the polls say for the prospects of the constitutional amendment passing this November, but I have to think (and hope!) that the climate is different in 2008 than it was in 2000.   After all, even the most ardent opponents of same-sex marriage would have to admit that Armageddon has not arrived in Massachusetts, and the anti-same-sex marriage position just doesn’t seem to have the same political pull it had in 2004 or 2000.   So, the optimist in me thinks this should fail in November.

But, the lawyer in me (who is not licensed in California, so do not take this as formal legal advice) thinks that the best advice for same-sex couples interested in marrying in California is simple:   do it now and don’t wait!

– David S. Cohen

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“Firm’s ‘Ever Argue With a Woman?’ Ad Provokes Debate on Stereotypes”

From the ABA Journal:

Do men and women argue differently? And does that make a difference in the way they work as lawyers?

That’s the suggestion of an ad by a women-owned Buffalo, N.Y., law firm that is attracting notice. Its headline:”Ever Argue With a Woman?”

The ad touts the strengths of the lawyers at Schroder Joseph Associates. Across the bottom of the ad are photos of the eight women, both lawyers and paralegals, who work at the firm. It is one of several in a campaign focusing on Schroder Joseph’s representation of employers on matters of employee benefits, labor and employment.

“Five of the top 10 Fortune 500 companies cannot be wrong,”the ad says.”When they need to win their cases they rely on Schroder Joseph & Associates.”

Name partner Ginger Schroder tells ABAJournal.com that the firm hopes to generate attention with its humorous ads. “They’re meant to create buzz about our practice,” she says.

The AdRants blog asserts that the “argue” ad highlights differences in the way men and women fight.”Ever notice how women, when in conflict with another, or with a man for that matter, discuss the issue at great length until every last feeling is expressed?”the blog says.”Ever notice how men, when in conflict with another (but not a woman), just punch each other, offer up a fist bump or brush it off with a ‘no worries, dude?’ ”

The blog goes on to say that men are always out to win, while women are more predisposed to discussion and compromise, an important quality when it comes to setting legal cases.

Legal Blog Watch, on the other hand, wonders if the ad is really that effective, since it reinforces gender stereotypes for some readers. The blog says the ad apparently had that effect on AdRants, which relied on the ad to”jump to the conclusion that female lawyers are more likely to settle a case.”

Read the entire article here.

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Sophia Z. Lee “Hotspots in a Cold War: The NAACP’s Postwar Workplace Constitutionalism, 1948-1964”

Abstract:
Throughout the Cold War 1950s, the NAACP sustained an ambitious campaign for African-American workers’ constitutional right to join unions and access decent jobs. Surprisingly, it did so not in the courts, but in executive branch agencies and committees. Blending law and politics, the NAACP worked closely with labor leaders, varying its campaign according to the racial practices of unions and employers. In 1964, in one of the era’s most expansive state-action rulings, the NAACP won its workplace constitutional claims–not in the Supreme Court, but in front of a classic New Deal agency: the National Labor Relations Board. Historians generally depict the NAACP as taking a conservative Cold War turn, forsaking challenges to workplace discrimination and to the state-action doctrine. The NAACP’s employment litigation is then described as being reborn in the 1960s amid the burgeoning of black protest politics.”Hotspots in a Cold War”recovers the NAACP’s postwar challenge to workplace discrimination by expanding legal scholars’ work on the life of the Constitution outside of the courts to include the administrative state. Once brought into view by this broad constitutional frame, the NAACP’s Cold War-era struggle against workplace discrimination not only challenges our current understanding of NAACP organizational history and of Cold War politics, but also of the scope and nature of civil rights-era constitutional change. Robert L. Carter, the NAACP’s general counsel, called the 1964 Board ruling”almost revolutionary.”It was an apt description of this long-fought but eventually forgotten chapter in African Americans’ legal and labor struggles.

Available in full text here. Via the Legal History blog.

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Deborah Rhode and Christopher J. Walker, “Gender Equity in College Athletics: Women Coaches as a Case Study”

Abstract:
As Title IX celebrates its thirty-fifth anniversary, many have noted its enormous positive effect on women’s sports. But an unintended and too-often neglected byproduct is that as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the areas of Title IX (and accompanying federal statutory provisions) that have sought to secure their equal treatment. Part III presents the findings of an empirical survey of over 450 coaches of college women’s sports concerning the barriers to gender equity and the role of Title IX. Part IV situates these findings in light of other research on obstacles for women in traditionally male-dominated workplaces, including coaching, and concludes with potential policy prescriptions.
DOWNLOADABLE HERE.

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Passive Aggressive Notes Dot Com

In case your life is lacking adequate free floating conflict and duress.

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Senator Margaret Chase Smith’s “Declaration of Conscience” – 58 Years Later

On June 1, 1950, Senator Margaret Chase Smith (b. 1897 d. 1995) made her “Declaration of Conscience” in the Senate.  Speaking out against McCarthyism, she said:

Those of us who shout the loudest about Americanism in making character assassinations are all too frequently those who, by our own words and acts, ignore some of the basic principles of Americanism:

The right to criticize;

The right to hold unpopular beliefs;

 The right to protest;

The right of independent thought.

The exercise of these rights should not cost one single American citizen his reputation or his right to a livelihood nor should he be in danger of losing his reputation or livelihood merely because he happens to know someone who holds unpopular beliefs.    Who of us doesn’t?    Otherwise none of us could call our souls our own.    Otherwise thought control would have set in.

-Bridget Crawford  

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New Website: “Stop Porn Culture”

From the FLP Mailbox:

Stop Porn Culture, a new feminist anti-pornography movement, has just launched a website (see below) with lots of on-line resources, as well as a streaming video of the slide show by Gail Dines, Rebecca Whisnant and Robert Jensen. The site will be useful for those who teach courses on media and/or pornography, as well as providing tools for activists.

-Bridget Crawford

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Gender Equity and Math

Today’s Science Magazine has an article indicating that, while boys usually perform better than girls on standardized math tests, in countries with the greatest economic equality between men and women, girls perform just as well as boys on these tests.   Maybe Barbie should have said “Math is hard . . . because sex-based inequality oppresses women and girls in all aspects of life.”

Also interestingly, the gender gap in reading, which generally favors girls, gets even bigger in countries with the greatest equality between men and women.

The moral of the story?   Increased equality between men and women pays dividends for girls in all aspects of education.   Just another reason to fight for equality in all aspects of life.

– David S. Cohen

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Op-Ed by Margaret M. Russell and Stephanie M. Wildman: Who Speaks For All Women?

Who speaks for all women? The maelstrom following the recent endorsement of Barack Obama by NARAL (the National Abortion Rights Action League) dramatically pumped up the volume of a months-old debate among women: namely, can a true women’s rights supporter endorse Obama over Hillary Clinton, without guilt or ambivalence?

These two women answer: of course.

We wish this truth were self-evident, but current “Don’t Quit, Hillary” bromides suggest otherwise. Fueled by respected women’s movement icons such as Ellen Malcolm of Emily’s List, the “Don’t Quit” argument holds that Hillary is fighting for all women, and that therefore women must not abandon her. A new high-profile ad by WomenCount PAC proclaims, “Hillary’s voice is OUR voice, and she’s speaking for all of us.” The ad links Clinton’s continued candidacy to the “quests for justice” of Abigail Adams, Sojourner Truth, Susan B. Anthony, Eleanor Roosevelt, Fannie Lou Hamer, Barbara Jordan, Ann Richards, and Dolores Huerta. (Only the last of these great women is a Clinton supporter and, in fact, even alive.)

The message is as subtle as a Judas metaphor: a woman who supports Barack Obama must be a traitor to her gender. We find such generalizations both misleading and insulting. While being a woman is a defining characteristic for us, it does not dictate the manner in which our brains work. Women’s equality is a core principle of our personhood, yet it does not always lead us to the same conclusions. If progress for women means anything, it must include the right to debate principles of governance and to choose which candidate best embodies those precepts.

One of us is a white woman of Clinton’s generation — ostensibly the demographic epitome of the key Hillary supporter. The other is an African-Asian-American middle-aged woman — someone who arguably could fit the profile of either Obama’s or Clinton’s “base.” But, like all voters, we are more than the sum of demographic data. While we aspire to a world in which race and gender would not have negative impact, we recognize that those identity characteristics still do matter at this time in our nation’s history. Insights about race and gender continue to provide great depth to our perceptions about the world. These perceptions influence our electoral choices, but they do not render our endorsements rote or formulaic.

Consider why some women’s rights supporters might choose Obama over Clinton, and still hold fast to our ideals: The oft-discussed topic of Obama’s early opposition to the Iraq War — to many of us, a “women’s rights issue” if ever there were one — reveals much about his sagacity. We prefer Obama’s thoughtfulness about the challenge of global leadership in the 21st century. We value his explicit and repeated emphasis on the language of diplomacy to solve problems, including his own; conversely, Clinton’s threat to “totally obliterate” Iran, as well as her metaphors of Rocky Balboa and boxing gloves, leave us cold. As women of the “boomer” demographic, we are acutely aware that most of this country’s problems will fall most heavily on our children’s generation, and we respect the hard work and optimism that progressive young women and men have devoted to the Obama candidacy. Both candidates disappoint us on certain issues — for example, their support of civil unions but not same-sex marriages — but we see no reason to believe that an Obama presidency will be anything less than auspicious for women’s equality.

Certainly, we decry the blanket of sexism draping this campaign, just as we deplore its ugly racial overtones. We suspect that the electorate is affected by both, despite the wishful claim that “race and gender don’t mean anything.” Obama may be hemmed in by unspoken biases about black masculinity just as much as Clinton is hampered by the code of perfect white womanhood. And both candidates have had to struggle against conventional notions of electability.

If we choose to support a black man whose principles of governance and equality seem closer to our own, we are not betraying women. It is time to bury the myth of speaking for “all women.”

–Margaret M. Russell and Stephanie M. Wildman

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Ann Bartow, “Pornography, Coercion, and Copyright Law 2.0”

Abstract:
The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law’s complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their corporate counterparts, these user-generators may increasingly rely on copyright law to protect their creations in the future.

While legal scholars have addressed the copyright law’s role in incentivizing the creation and consumption of creative content in general, its effect on the creation and consumption of pornography has largely been ignored. Since pornography performers are at risk of abuse by the creators of pornography, particularly those that are filmed or photographed unknowingly or those who have sexual images of themselves distributed against their wishes, it is important consider what approaches there may be to reduce that risk, including the possibility of altering the copyright framework with respect to pornography.

Copyright laws do not provide ownership interests or control mechanisms to the subjects of pornographic material, and instead permits the creators to benefit at the expense of the subjects when their participation has not been consensual. Providing this type of control by requiring the creator to show that the subjects’ participation was voluntary as a condition of providing copyright protection would help reduce the risks faced by pornography performers. Promulgating a moral approach to structuring copyright protections is already one goal that is animating calls for reform of the current system. Copyright law should link the ability to register and enforce copyrights on pornographic works to the creators’ compliance with a regulatory scheme designed to promote the safety and well-being of pornographic performers by confirming their consent.

DOWNLOADABLE HERE.

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“Justices Favor Workers in Cases of Bias Retaliation”

Linda Greenhouse report in the NYT:

The Supreme Court on Tuesday adopted a broad reading of two federal civil rights laws to protect employees from retaliation when they complain about discrimination in the workplace.

By margins of 7 to 2 in one case and 6 to 3 in the other, the court found that the two statutes covered claims of retaliation even though Congress did not explicitly say so.

At Workplace Prog Blog Paul Secunda writes:

A very good day from the standpoint of employees.

The Court issued decision in Gomez-Perez v. Potter, 06-1321 (holding (6-3) that Section 633a(a) of the ADEA prohibits retaliation against a federal employee who complains of age discrimination.) and CBOCS West, Inc. v. Humphries, No. 06-1431 (holding (7-2) that Section 1981 encompasses retaliation claims).

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Law Profs for the Cure

Five law professors from four law schools have  formed Law Profs for the Cure, a team that will walk in the  Komen 3-day breast cancer walk in Philly, October 17-19, 2008.    To support the team or, better yet, join the team, go to http://08.the3day.org/goto/lawprofs.       If you’ll be in the Philly area October 17-19, consider showing up at one of the many cheering stations along the route.   And  come down to closing ceremonies on October 19  to cheer us on as we finish our 60-mile adventure!

Tracy McGaugh

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“Free Speech & the Menace of Hysteria”

I recently returned from a conference where one of the panels I spoke on concerned “hate speech” and the other addressed related topics. The audience skewed heavily libertarian, but the conversations sparked by the panels still seemed fairly productive. However, one reaction I received was the objection that I was “scaring womnen away from the Internet” with my documented accounts of cyberattacks and online (and offline) stalkers. In figuring how to formulate a response to that, I was happy to see that the brilliant law prof Jeremy Waldron has a book review forthcoming in the NY Review of Books that addresses hate speech concerns, as follows:

Lewis’s settled position, I think, is that we do better to swallow hard and tolerate “the thought that we hate” than open ourselves to the dangers of state regulation. I am not convinced. The case is certainly not clear on either side, and Lewis acknowledges that. But it is worth remembering a couple of final points.

First, the issue is not thought that we hate, as though defenders of hate speech laws want to get inside people’s minds. The issue is publication and the harm done to individuals and groups through the disfiguring of our social environment by visible, public, and semi-permanent announcements to the effect that in the opinion of one group in the community, perhaps the majority, members of another group are not worthy of equal citizenship….

Secondly, the issue is not just our learning to tolerate thought that we hate….The harm that expressions of racial hatred do is harm in the first instance to the groups who are denounced or bestialized in pamphlets, billboards, talk radio, and blogs. It is not harm–if I can put it bluntly–to the white liberals who find the racist invective distasteful….The question is about the direct targets of the abuse. Can their lives be led, can their children be brought up, can their hopes be maintained and their worst fears dispelled, in a social environment polluted by these materials? Those are the concerns that need to be answered when we defend the use of the First Amendment to strike down laws prohibiting the publication of racial hatred.

I look forward to reading the entire essay when it is available to me. Via Brian Leiter, who has additional commentary.

–Ann Bartow

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“CFP: Spilling Over: A Fat, Queer Anthology”

Working Title: Spilling Over: A Fat, Queer Anthology
Editor: Jessica Giusti, Feminist Studies Ph.D. Student,
University of Minnesota
Contact: spillingover@gmail.com
Submission Deadline:
December 1, 2008

Despite the attention given by queer studies to the materiality of bodies and the cultural and social inscriptions that designate them, still a dearth of both scholarship and literature exists around intersections of gender, sexuality, and fatness. As fat studies begins to emerge as a viable academic location of inquiry, questions surface as to how fat bodies, deemed “excessive” in their trespasses of size and space, create even more complex subject positions when compounded by queer desires. This proposed anthology seeks contributions addressing junctions of “fat” and “queer” in pieces that consider the representations and resistances of non-normative corporeality and also writings considering the theoretical conceptions of these intricate subjectivities. Spilling Over will reflect the notions of excess, boundaries, and containment implied by the labels “fat” and “queer” both singularly and collectively. In the form of scholarly writing and creative non-fiction pieces, essay submissions might consider (but are not limited to):

  • theorizing the concept of “excess” as it pertains to fatness and queerness
  • fat and queer identities; personal narratives; reclaiming “fat” and “queer”
  • notions of (in)visibility, hypervisibility, and passing and/or privilege
  • intersections of race, class, gender, sexuality, ethnicity, (dis)ability, age, and religion
  • the economics of the obesity “epidemic” and the diet industry
  • fat, queer art and performance; performativity
  • pleasure, sex-positivity, eroticizing non-normative bodies
  • acceptance movements, political activism, resistance
  • the engagement of feminism with fatness
  • global, transnational, transcultural constructions of fat, queer bodies and lives
  • critical reflections of fatness and queerness in media, literature, film, music, and visual arts
  • the rhetoric of fat oppression, fatphobia, homophobia, transphobia, bigotry, responding to and/or addressing hate speech

By December 1, 2008, please send your 2,000 – 6,000 word submission, along with your complete contact information and a 50-100 word biography, to spillingover@gmail.com with the subject line of “Spilling Over – Submission.” Submissions must be received in 12 point Times New Roman font and sent in via Word documents (PDFs will not be accepted). Pieces will be reviewed and decisions made by April 2009. Please note that accepted submissions will be approved on a tentative basis, pending editorial board approval once the anthology has secured a publisher.

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“The Invention of Race”

Interesting post with this title at 3quarksdaily, below is an excerpt:

… There has likely always been some conception of the way in which organisms fit their environment, whether this fit is seen as one fixed from time immemorial by God for each organism in the place ‘appropriate’ to it, or whether this is conceived as a gradual change in the organism to better accommodate the vicissitudes of its habitat. For the most part, the latter view prevails prior to the early modern period. Nowhere does Hippocrates say that the people who are now Europeans arrived in Europe and became bellicose as a result of environmental conditions; he only says that Europeans are bellicose. It would not be unreasonable to suppose that the new concern with change over time as a result of change of habitat, whether this is conceived as adaptation or as generation, was a response to the increasing dispersion of Europeans throughout the globe in the early modern period, and to the increasing concern about the long term effects on European populations of this dispersion. Racial essentialism may, in turn, be seen as a way of securing the stability of the population through change in habitat by positing traits that are, somehow, resistant to any environmental influence.

The claim that there are separate lines of descent for different human groups was perceived as heretical and atheistic in the 17th century, while a shared line of descent for different but related species was likewise perceived as heretical and atheistic. In both cases, moreover, the denunciation of these views serves as a clear indication of their growing importance in the 17th century. As with atheism itself, there are vastly more denouncers than defenders, and we have to wait until the following century to find the ideas being defended for the first time as serious hypotheses. One might almost conclude that denunciations of ideas function in history as anticipations of these ideas’ ascendancy. …

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Simple Chronic Bromhidrosis

If you’re old enough to remember the old Lavoris ads, you probably lived through the cultural moment when the phrase “simple chronic halitosis” entered into common parlance.  And you probably enjoyed this article from the New York Times, warning all of us not to take off our shoes, walk in wet grass and then put our feet back in our shoes.  The likely disaster?  BROMHIDROSIS aka smelly feet.  I can hear my sister’s gales of laughter, just as if it were the 1980’s and we were watching the mouthwash ad.

-Bridget Crawford

 

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More Rebecca Walker

In addition to her insights about Barack Obama destroying feminism for its own good (with multiple part analogizing of feminism to Wal-Mart), now Rebecca talks about how Alice Walker was a terrible mother and it is mostly feminism’s fault.

This is the same Rebecca Walker who wrote a book that featured a chapter about how she loved her second son a lot more than her first, according to this WaPo article, which states in pertinent part:

“It” would be her memoir, “Baby Love: Choosing Motherhood After a Lifetime of Ambivalence” and a certain c”hapter where she describes the difference between her love for her teenage stepson, Solomon — whom she still parents with her ex, the singer-musician (and D.C. native) Me’shell Ndegéocello — and her love for her biological son, Tenzin.

In it, she wrote: “It’s not the same. I don’t care how close you are to your adopted son or beloved stepdaughter, the love you have for your non-biological child isn’t the same as the love you have for your own flesh and blood. It’s different. . . . It isn’t something we’re proud of, this preferencing of biological children, but if we ever want to close the gap I do think it’s something we need to be honest about. . . .

“Yes, I would do anything for my first son, within reason. But I would do anything at all for my second child, without reason, without a doubt.”

See also this NYT article profiling her, which noted:

The most incendiary notion in”Baby Love”may be that, for Ms. Walker, being a stepparent or adoptive parent involves a lesser kind of love than the love for a biological child.

In an interview, Ms. Walker boiled the difference down to knowing for certain that she would die for her biological child, but feeling”not sure I would do that for my nonbiological child.”

“I mean, it’s an awful thing to say,”said Ms. Walker, who in a previous relationship helped rear a female partner’s biological son, now 14.”The good thing is he has a biological mom who would die for him.”

Ms. Walker acknowledged that her idea of blood being thicker than water runs contrary to her own philosophy in”Black, White and Jewish,”in which she writes that”all blood is basically the same.”

That must be really painful for her “first son” Solomon and I don’t understand why she would want to hurt him that way, but obviously she did. I realize it is kind of a nasty thing to point out here, but her hypocrisy in complaining about maltreatment she received as a child while inflicting something like that on another child that she purports to love strikes me as pretty contemptible. As a general matter, she does not strike me as a person others should take parenting advice from. But of course I am a feminist, part of an evil cabal that according to Walker prevents other women from having children, according to this interview, which quotes her as saying:

The ease with which people can get divorced these days doesn’t take into account the toll on children. That’s all part of the unfinished business of feminism.

Then there is the issue of not having children. Even now, I meet women in their 30s who are ambivalent about having a family. They say things like: ‘I’d like a child. If it happens, it happens.’ I tell them: ‘Go home and get on with it because your window of opportunity is very small.’ As I know only too well.

Then I meet women in their 40s who are devastated because they spent two decades working on a PhD or becoming a partner in a law firm, and they missed out on having a family. Thanks to the feminist movement, they discounted their biological clocks. They’ve missed the opportunity and they’re bereft.

Feminism has betrayed an entire generation of women into childlessness. It is devastating.

Welp, I’m off to celebrate the graduations of a bunch of children of feminists. Oddly their mothers are of the same approximate generation as Walker, but happily they don’t much care what Walker says or thinks about their kids or lives, and that is an example of stunning common sense I probably ought to follow.

–Ann Bartow

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What is the Health Benefit of Wealth? About 2 Years of Life

The IRS has issued its quarterly    SOI Statistics of Income Bulletin  Spring 2008  (IRS Publication 1136). Included in that bulletin is an analysis of  Federal Estate Tax Returns Filed by 2004  Decedents.  

As shown in Figure C, both male and female estate tax decedents outlived their counterparts in the general population.   The average age at death for men in the 2004 estate tax decedent population was 77.2, compared to 75.2 for men in the general population, while the averages for women were 82.0 and 80.4, respectively.    

To be an “estate tax decedent” in 2004, one had a gross estate for federal estate tax purposes of more than $1.5 million.  

-Bridget Crawford

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The Sexism In The Democratic Primary

Erica Barnett compiled just a small sample of the slurs against Clinton MADE BY DEMOCRATS, writing:

I’ve said it before–but because some Slog readers seem to still think I believe any attack on Clinton is a sexist attack, I’ll say it again: The misogyny from the media, from supposedly liberal blogger doodz, commenters on this blog, and just about everywhere during this campaign has been despicable. This kind of shit ought to be behind us: Hillary Clinton is a bitch. A big ol’ bitchy bitch. And a cunt. A “big fucking whore.” Fortunately, you can “call a woman anything.” She’s “Nurse Ratched.” She’ll castrate you if she gets a chance. She would like that. She’s a “She-Devil.” She’s a madam, and her daughter’s a whore. She’s frigid, and she can’t give head. She’s a “She-Devil.” A lesbian. A nag. When things get tough, she cries like a big dumb GIRL. In fact, she’s just that — a “little girl.” In FACT, she wants to “cry her way to the White House.” To be, ahem, “Crybaby-in-Chief.” That proves that she’s not tough enough. But she’s also not feminine enough. She’s “screechy.” She’s an “aging, resentful female.” She’s “Sister Frigidaire.” She really ought to quit running for President and stick to housework. She basically spent her entire times as First Lady going to tea parties. She’s a monster whojust won’t die. In fact, she really should just die. You can buy a urinal target with her face on it to express what you really think of her. OMG she’s got claws! She’s crazy. In fact, she’s a lunatic. She’s petty and vindictive and entitled. She’s a washed-up old hag. She’s “everybody’s first wifestanding outside probate court.” She’s a “scolding mother.” She’s shrillshrillshrill. She can’t take it when people are mean to her. She’s a “hellish housewife.” She’s Tanya Harding. She CAN’T be President, what with the mood swings and the menses.Any woman who votes for her is voting with her vagina, not her brain. Women only like Hillary because she’s a fellow Vagina-American. And because they vote with their feelings. Frankly, anyone who still thinks we need “feminine role models” should get over it and move on, already. Oh, and men who supporters are castratos in the eunuch chorus. You shouldn’t make her President because she wants it too much. She’s totally just banking on support from ugly old feminists. And she looooves to “play the victim.” She cackles! And cackles. And cackles. It’s like she’s a witch or something! She’s definitely“witchy.” And now you can buy her cackle as your ring tone. Her voice, too, is “grating”–like “fingernails on a blackboard” to “some men.” She’s hiding behind her gender. She isn’t a “convincing mom” because she’s too strident. She never did anything on her own. Her husband keeps her on a leash. She hates men. Her campaign is a “catfight.” She makes people want to kill themselves, is like a “domineering mo
ther,” and is cold. And OMG she has boobies! All of which are reasons to hate her. (And boy, could I go on.)

Oh, and if you even mention any of this, you’re either silly or a bad person.

So yeah, while I’m ready to get on the Obama welcome wagon, I’m also angry. And I’m not ready to “get over” the blatant, ugly misogyny that so many Democrats–Democrats!–have displayed throughout this campaign, thank you very fucking much.

Echidne of the Snakes explains why this is a problem for all women, observing:

The sexism is not bad, because it might hurt Hillary Clinton, just as the racism is not bad, because it might hurt Barack Obama. Not really.

That is a narrow and cramped and, dare I say it?, elitist view of what is going on, a view which revolves around the people in power and their political strategies and tactics. It is also a view which ignores the real problem altogether, this:

The sexist comments and the racist slurs are bad, because they are being washed, re-clad in Armani, presented back in high society, made to look innocent, and after all this they will be cropping up much more frequently everywhere, aimed at everyone who qualifies to be their victim. THAT’s what is bad about them.

How can I make that any stronger and clearer? It can be any of us women or any person of color or both that will suffer from the new domestication of sexist and racists taunts. Any Of Us.

I have not written about the sexism in these Democratic Primaries in order to protect Hillary Clinton. She looks fairly well equipped to protect herself. I have written about it because sexism hurts all women, all little girls, all old ladies, women everywhere.

Gah. Perhaps what I’m talking about is still totally unclear. But if you read widely on this topic on blogs you will find that even many feminists have this view that the sexism is not really deplorable, because Hillary Clinton really is a monster bitch. That the dangers of the sexism really have nothing to do with Hillary Clinton should be made much more obvious. And no, voting for someone else will not save a woman voter from that sexism that is being incubated right now.

Historiann amplifies this point, noting:

In many ways, the misogyny directed at Hillary Clinton this year–the blowback of which will probably be felt by women in all walks of life for years to come in thousands of discouraging ways–is part of an old story best documented by Bob Somerby at The Daily Howler. Somerby has been on the case of the insular corporate media since 1999, when he noticed the power of the preferred media narrative about Al Gore’s candidacy for the Presidency, and its curious imperviousness to the facts. And as Somerby points out regularly–you’ll never see or hear the media tell the truth about its own role in shaping our political and cultural discourses. (John Judis’s recent admission in The New Republic that the media hated Clinton and picked Obama as the Democratic winner is one of the few times when we’re permitted to see The Great Oz operating behind the flimsy curtain.)

And hey, guess what? Not being Hillary Clinton will not protect you. If Obama secures the nomination, the same sexism will soon find exclusive focus on Michelle Obama. She too is getting the Uppity Woman smack down. SheCodes at Black Women Vote discussed this in a general way, writing:

I could scarcely contain my rage when I visited our sister-blog, What About Our Daughters? and saw this hideous depiction of Michelle Obama — not by the Tennessee GOP this time, but by the liberal Daily Kos.

So many things flashed before my eyes — I remember my comments section several months ago, when black men and women alike asked me ‘What’s the big deal?‘ when I went apoplectic about O’Reilly’s lynching statement referring to Michelle Obama — and when people thought I was too harsh when I condemned Barack Obama for his silence concerning it.

Even up until yesterday, I had sisters telling me to calm down about attacks against Michelle Obama, with the reasoning that she is ‘fair game’. Do you all realize that ‘fair game’ is a HUNTING terminology? And that the term ‘game’ refers to ANIMALS? Please find another reference to explain your thoughts in your emails to me moving forward.

See also this post at What About Our Daughters suggesting the Supposedly Liberal Doods have lost their minds. Frankly I think that “losing their minds” is a little too charitable. They think declaring themselves liberal gives them a free pass on everything: Can’t you stupid broads take a joke from people perfectly happy for you to have reproductive freedom, perform in porn, anything you like, as long as you STFU? NO. And we will not forget nor forgive what we have read, heard and seen. I am confident that even the feminist Clinton supporters who can not bring themselves to vote for Barack Obama are not going to ignore sexism pitched at Michelle Obama, because that’s not how feminism works.

–Ann Bartow

Update: See also, via the awesome HIstoriann.

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Strawberry Flavor Gummy Bacon

Weird, (and kind of disgusting) yes. But not nearly as strange as this.

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“Ohio Northern University awards bachelor’s degree to canine”

Kind of an oddball story, from here:

A well-trained golden retriever will receive a bachelor’s degree from Ohio Northern University today along with the rest of the graduating class. Zeeke, a 1-year-old dog, will earn his bachelor’s of science degree in canine companionship. The canine has spent thousands of hours training as a Canine Companion dog as part of a senior’s honors project.

ONU President Kendall Baker said he believes this is the first time the university has ever awarded a diploma to an animal.

Zeeke has learned to pull a wheelchair, open doors and retrieve fallen objects.

Canine Companions for Independence places service dogs with people in need for free.

And the first commenter says:

I don’t think anyone should be able to get a Bachelor’s degree in one year, even if it works out to seven “dog years.” Was the dog unwilling to accept an AA degree instead?

Hey, at least the dog completed some coursework, and is likely to make positive contributions to society. Unlike Phyllis Schlafly, as Brian Leiter explains here in some detail. Shorter Leiter: There is a difference between giving a wrongheaded bigot the opportunity to speak, and awarding her an honorary degree; it’s okay to do the first, but not the second.

–Ann Bartow

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Guess What “How To” Advice This Photo Advertises…

Answer here. And no, I do not think that is a cherry tomato. Via.

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“Project: Canadian Club – Your Mom Had Groupies”

Hooray for feminist subvertising! Take that, Canadian Club.

Via the f-word.

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On Footbinding

Heart has a post here, with photos.

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Target: Women (Yoghurt Edition)

Here!

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Margalynne Joan Armstrong & Stephanie M. Wildman, “Teaching Race/Teaching Whiteness: Transforming Colorblindness to Color Insight”

Abstract:
This Article argues that whiteness operates as the normative foundation of most discussions of race. Legal educators often overlook the role of whiteness in the law school setting and in law more generally. Identifying and understanding whiteness should be an essential component of legal education. This Article considers reasons why legal education rarely addresses this normative role played by whiteness. An incomplete understanding of the nature of white privilege and the modern move toward “colorblindness” conceal the raced nature of much law. To draw the harmful operation of colorblindness into relief, this Article proposes adopting “color insight,” which would admit that most of us do see race and underline the need to understand what that racial awareness might mean. This Article argues that color insight is particularly essential in the law school environment where legal educators need to ensure that students do not encounter race only by happenstance or believe race only affects people of color. This Article provides classroom techniques and institutional programming that would foster a more complete understanding of the function of race and whiteness in the law.

Downloadable here! This looks really interesting.

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Catharine MacKinnon Will Receive An Honorary Doctorate from Hebrew University

From here:

Leading international human rights advocate Prof. Catharine MacKinnon is to receive an honorary doctorate from the Hebrew University of Jerusalem in recognition of her work in advancing gender equality. She will receive the honor at the opening Convocation of the 71st meeting of the University’s Board of Governors, on Sunday 1 June 2008.

According to Hebrew University President Prof. Menachem Magidor, the degree is being awarded to her “in deep recognition of her important and pioneering contribution to equality between the sexes and human rights, and in thanks to her warm friendship with the Hebrew University.”

Prof. Catharine MacKinnon is a pioneering lawyer of international renown, a leader in feminist jurisprudence and an international human rights advocate. She has broken new ground in gender equality in both international and constitutional law. Her insights on the legal concept of equality have transformed legal and philosophical thinking of sexual harassment, pornography, free speech and international law.

She has represented Bosnian women survivors of Serbian genocidal sexual atrocities since 1992, winning with a damage award of $745 million in August 2000. Their case, Kadic v. Karadzic, first recognized rape as an act of genocide. …

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Moe at Jezebel Asks: How Many Professors Do You Actually Still Think About?

Here. Cuss word warning, if you are the linguistically sensitive type.

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New Blog: “Care Talk”

Ingrid Robeyns notes at Crooked Timber:

Nancy Folbre, who is widely considered to be one of the most knowledgeable economists on issues of care work, has recently started a new blog, called Care Talk. It’s a research blog that aims to bring together interdisciplinary insights on issues of care:child care, care issues related to primary education, elder care, care for disabled, and health care.

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“UK FEMINIST BLOGGERS”

Looks like a very cool new Google group.

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Amy Wax, “Engines of Inequality: Class, Race, and Family Structure”

The abstract:

“The past 30 years have witnessed a dramatic divergence in family structure by social class, income, education, and race. This article reviews the data on these trends, explores their significance, and assesses social scientists’ recent attempts to explain them. The article concludes that society-wide changes in economic conditions or social expectations cannot account for these patterns. Rather, for reasons that are poorly understood, cultural disparities have emerged by class and race in attitudes and behaviors surrounding family, sexuality, and reproduction. These disparities will likely fuel social and economic inequality and contribute to disparities in children’s life prospects for decades to come.”

Downloadable here. I don’t agree with Wax on very much generally, and I found a lot to disagree with in this article. But she articulates views that many social conservatives hold, and understanding them is a prerequisite to effectively refuting them.

–Ann Bartow

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“Real Life Affirmative Action for Boys”

That’s the title of this interesting essay at Fannie’s Room. Note also that the author is a contributor to an amusing site with an ongoing Stuff Lesbians Like series.

UPDATE: See also this post at Feministing, which notes:

aauwreport.jpgA new report (pictured at right) from the American Association of University Women says that the idea that there’s a “boy crisis” in U.S. education is a myth.

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Why I Love Being A Law Prof, Blogging Edition

I’m listening to Jack Balkin (of Balkinization) give a talk, whilst sitting next to one of my very favorite law prof bloggers, Michael Froomkin (of Discourse.net), and next to him is Brad DeLong (of Grasping Reality with Both Hands: The Semi-Daily Journal Economist Brad DeLong). Nearby is James Grimmelmann (of The Laboratorium). Yesterday I was on a panel that also included Bill McGeveran (of Info/Law) and Frank Pasquale (of Madisonian.net and Concurring Opinions). I’ve heard presentations by very smart people like Wendy Seltzer (of Legal Tags), and Andrea Matwyshyn (Jurisdynamics Idol) and gotten to catch up a little with the wonderful Susan Crawford (of Susan Crawford blog) and Chris Hoofnagle (of Chris Hoofnagle.com).

There are lots of great non-bloggers too! The weather here stinks but the pizza is great. As some of you may have already guessed, I’m in New Haven. Next week I’ll get to hang out in Montreal with Bridget Crawford (of this blog of course!), Sudha Setty (of The Title IX Blog) and Christine Hurt (of The Conglomerate) at the LSA Annual Meeting, because we are all on a panel about Blogging As Feminist Legal Method, along with Alison Stein, author of the very cool article discussed here. Life is good, especially during the summer conference season!

–Ann Bartow

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“Equality Now has issued Women’s Action 30.1, India: The Demand for Sex Trafficking: Holding Commercial Sex Buyers Accountable”

Government and NGO reports estimate that there are from hundreds of thousands to millions of women and girls prostituted in India, many of whom are victims of sex trafficking. The majority of women prostituted and trafficked within India are from”lower”(scheduled) castes and many are girls, some brought into the sex industry as young as 13 years old. The United Nations Committee on the Elimination of Racial Discrimination in March 2007 raised concerns with India about the sexual exploitation of Dalit (“lower”caste) and tribal women trafficked into prostitution. India’s Parliamentary Standing Committee on Human Resource and Development when discussing the ITPA Bill 2006 in November 2006 itself drew attention to”the prevalence of caste and religion based prostitution”, noting that”traffickers were clandestinely using this route to traffic the girls into prostitution.”This exploitation of women and girls continues despite Article 15 of the Indian Constitution, which prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

The campaign calls on the Indian government to adopt strong measures to end the demand for trafficking and commercial sexual exploitation and provide viable alternatives to prostitution, as well as to address the issues of gender inequality and the discriminatory caste system that allow those most marginalized in society to be exploited for commercial sex. Learn more here.

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“Workplace Flexibility Correlates with More Women and Minorities in Workplace”

That’s the title of a post at Workplace Prog Blog that reports:

The Institute for Workplace Studies (IWS) at Cornell Industrial & Labor Relations brings to our attention the latest edition of a study of U.S. workplaces on flexible workplaces.

[The study] finds that employers with more women and more minorities in top positions, and nonprofits organizations, are more likely to offer flexible workplaces. These are just two of the significant findings to emerge from the landmark 2008 National Study of Employers (NSE), released today by Families and Work Institute . . . .

First conducted in 1998, the 2008 NSE is the most comprehensive and far-reaching study of initiatives provided by U.S. employers to address the changing needs of today’s workforce. Designed by Families and Work Institute and conducted by Harris Interactive, Inc., the NSE interviewed 1,100 employers with 50 or more employees located throughout the United States and provides trend data on changes that have occurred over the past 10 years.

–Ann Bartow

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“Don’t Ask Don’t Tell” Unconstitutional?

Well, not yet, but the Ninth Circuit Court of Appeals ruled yesterday that the policy has to survive intermediate scrutiny and remanded the case to the lower court to apply the standard.   (A short summary of the opinion is available here, via the Workplace Prof Blog.)   The court based its standard on Lawrence v. Texas, holding as follows:

We hold that when the government attempts to intrude upon the personal and private lives of homosexuals, in a manner that implicates the rights identified in Lawrence, the government must advance an important governmental interest, the intrusion must significantly further that interest, and the intrusion must be necessary to further that interest. In other words, for the third factor, a less intrusive means must be unlikely to achieve substantially the government’s interest.

The case was decided by a 2-1 vote, but the one dissenting judge did so because he believed the panel should have applied strict scrutiny rather than intermediate scrutiny.   All three judges on the panel were appointed by Democratic Presidents (two by Clinton, one by Carter).

An appeal to the en banc court is likely, and if the decision stands, review by the Supremes highly possible as well.   I wouldn’t hold my breath that this decision goes unreversed, but until it does, it’s a great advance in the law.   Combined with last week’s decision on same-sex marriage, it’s been a great 7 days for gay rights in California.

– David S. Cohen

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“Celebrity and the Public Sphere”

That’s the title of an interesting post at An Open Letter by a Feminist. Below is an excerpt:

An article in the BBC magazine highlights that female celebrities are more hated than male celebrities, and often for no apparent reason (that is, why women would be hated more than their male counterparts that behave similarly- not that we don’t have reasons for our hate). Now, women-hating, in any of its varieties, is hardly news to feminists. Women who do not conform to strict models of femininity, which are constantly changing, are always open to censure. Female celebrities walk the same fine line that all women do but in front of a wider audience. They are constantly critiqued it they are too fat or too thin, bad examples to womankind both; if they are too sexy or too prudish, bad examples to womankind both; if they are too ambitious or not ambitious enough, bad examples to womankind both; if they drink too much, or too little (any drinking while female bad). The female celebrity, unlike the male, is always set as example to womankind. Male celebrities can undergo censure if they break particular taboos, such as drug-taking as athletes or beating their wives/ paparazzi (and then it depends on the individual- what with all those lying bitches), but when their weight fluctuates, or they get drunk, or their mini-skirt is too short, they do not get held up as having failed men everywhere.

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News In Brief: UK Votes on “Need for A Father”

[It’s been a long time since I’ve cross-posted.     Feel free to go to my regular blog, Related Topics, and catch up.]

For some time now the UK parliament has been considering a substantial overhaul of the act that governs ART, abortion, cloning and related topics. (I’ve written about it before a couple of times, once in connection with a widely played story about twins who had unwittedly gotten married.) The legislation is called the Human Fertilisation and Embryology Bill.

One clause in the bill under consideration provides that IVF clinics have to take into account the need for “supportive parenting” when they decide to provide service. That may not seem terribly remarkable, but the current language directs consideration of “the need for a father” and during the debate an amendment was offered to restore the “need for a father” language to the proposed bill. The debate culminated in a vote yesterday and is reported here, here and here. The “need for a father” language was defeated, 292-217.

The importance of the “supportive parenting” language for single women and lesbian couples planning to use IVF is apparent. Equally apparent is the deeply gendered ideology that would insist on a father rather than simply a supportive parent. I can’t help but wonder whether anyone considered requiring a supportive father, or whether any male involvement was seen as adequate.

On this morning’s podcast, the Guardian noted that the discussion of this issue got more prominent play in the press then did the discussion of amendments to the abortion provisions contained in the same bill. (These provisions would have reduced the time during which abortion is permitted. The current UK limit is 24 weeks. Efforts to lower the limit to 22, 20 or even 12 weeks all failed.)

It’s surprising to me that the abortion debate gets less press play then the “need for a father.” The analyst on the podcast attributed this to the fact that the “need for a father” is a pure moral/cultural issue while the abortion issue is also subject to scientific analysis.

Finally, a couple of questions in closing. First, I wonder about how frequently lesbians and single women actually use IVF as opposed to alternative insemination. It’s not that I doubt that it happens, but it makes the amount of fuss over this even more surprising to me. Second, I wonder where, if anywhere, gay men play in here. I’ve seen other stories about gay men using surrogacy in the UK. Perhaps that’s without IVF, though, so regulation of IVF clinics has no bearing?

Julie Shapiro (cross-posted to Related Topics)

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