Response of (Right On!) Members of the Wash U. School of Law Faculty To The Schlafly Honorary Degree

May 9, 2008

Chancellor Mark Wrighton
Washington University in St. Louis
One Brookings Drive
St. Louis, MO 63130

Dear Chancellor Wrighton,

We are extremely disappointed that the University has chosen to honor Phyllis Schlafly with an honorary degree at this spring’s commencement ceremony.

We are fully committed to the principle of free speech, and we believe the University should encourage a discussion of diverse viewpoints. Commencement, however, is first and foremost a time of celebration of the intellectual accomplishments of our students. It is, we believe, a disservice to those whom we honor to inject into the proceedings a person who has devoted her life to staking out and promoting polarizing, anti-intellectual positions. Northwestern University recently had the good sense to rescind its honorary degree offer to Jeremiah Wright. Washington University should do no less with the offer to Ms. Schlafly.

An even more important reason to rescind the degree offer to Ms. Schlafly is that her repeatedly expressed views are antithetical to some of the most fundamental principles for which this University stands.

Let us be clear. We are not talking about mere political disagreements – including her most famous political success, the defeat of the Equal Rights Amendment. Although many of us promoted the amendment, we readily acknowledge that reasonable people can disagree over the question whether – particularly in light of the existing Equal Protection Clause – a specific constitutional amendment was the ideal way to pursue the objective of equality, to which this University is firmly committed.

Our objection to honoring Ms. Schlafly instead stems from the fact that she has devoted her career to demagoguery and anti-intellectualism in the pursuit of her political agenda. She has berated scientific inquiry; apart from her particular stance on the Equal Rights Amendment, she has demonstrated a lack of concern for – and sometimes outright bigotry toward – not only women, but gays and lesbians; and she has led campaigns to undermine the independence of the judiciary. Here are only a few examples:

Ms. Schlafly has repeatedly promoted the teaching of creationism and intelligent design in the public schools. She objects to”force-feeding public schoolchildren with the theory of evolution”and refers to those who believe in evolution as”atheists.” Moreover, she consistently frames evolution as a political issue, instead of a scientific one. Ms. Schlafly wrote in 2006, for example, that”Liberals see the political value to teaching evolution in school, as it makes teachers and children think they are no more special than animals. Childhood joy and ambition can turn into depression as children learn to reject that they were created in the image of God.”

Ms. Schlafly consistently resorts to feminism-bashing rhetoric without engaging in reasoned discussions about the role of women in American society; she just labels people who don’t share her precise priorities as evil feminists. Ms. Schlafly wrote in 1994 of the recently confirmed United States Supreme Court Justice Ruth Bader Ginsburg that her”writings betray her as a radical, doctrinaire feminist, far out of the mainstream. All evidence indicates that she shares the chip-on-the-shoulder radical feminist view that American women have endured centuries of oppression and mistreatment from men.” More recently, Ms. Schlafly wrote in 2006 that federal money disbursed to states under the Violence Against Women Act”is used by anti-male feminists to train judges, prosecutors and the police in the feminist myths that domestic violence is a contagious epidemic, and that men are batterers and women are victims.”

Ms. Schlafly repeatedly criticizes”the gay and lesbian agenda.” She has opposed all attempts to prohibit discrimination on the basis of sexual orientation in the workplace. With respect to a proposed law designed to prohibit discrimination against gay and lesbian school teachers, Ms. Schlafly wrote: “Surely the right of parents to control the education of their children is a right of a higher order than any alleged right of, say, the two college-educated lesbian members of the Symbionese Liberation Army to teach our young people.”Ms. Schlafly has also repeatedly denied the dignity of gays and lesbians with demagoguery such as her statement that homosexuality is”like prostitution. Nobody can stop you if you want to be a prostitute or to patronize a prostitute, but you are not going to force us to say that it is morally acceptable.”

Finally, as lawyers and law professors, we are deeply disturbed by Ms. Schlafly’s similarly anti-intellectual campaign against an independent judiciary. Instead of engaging in reasoned debate, she regularly uses the label”activist”to decry judges and decisions with which she happens to disagree. When United States Supreme Court Justice Anthony Kennedy wrote an opinion declaring the death penalty unconstitutional as applied to minors, Ms. Schlafly declared that the opinion was a”good ground for impeachment.” Ms. Schlafly advocated that judicial independence also be abolished here in Missouri, as she actively participated in the attempt to unseat Missouri Supreme Court Judge Rick Teitelman because of the substance of his judicial decisions.

We call on the University to rescind its offer of an honorary degree to Ms. Schlafly. If the University insists on honoring Ms. Schlafly at this year’s commencement, we are committed to disassociating ourselves from that decision. We will celebrate and honor our students, but we will not share the platform with Ms. Schlafly or otherwise support her agenda with our silence. Instead, we will support those students who are leading a protest against Ms. Schlafly’s honorary degree. We are deeply disappointed that the University in which we teach is honoring an individual whose professed values are so antithetical to those of the University. We will convey that disappointment to our students and their parents.

Sincerely,

Susan Frelich Appleton
Lemma Barkeloo and Phoebe Couzins Professor of Law

Cheryl D. Block
Professor of Law

Kathleen Clark
Professor of Law

Adrienne Davis
William M. Van Cleve Professor of Law

Peter A. Joy
Professor of Law

Pauline T. Kim
John S. Lehmann Research Professor and Professor of Law

Richard B. Kuhns
Professor of Law

D. Bruce LaPierre
Professor of Law

Charles R. McManis
Thomas and Karole Green Professor of Law

Kimberly Jade Norwood
Professor of Law

Stanley Paulson
William Gardiner Hammond Professor of Law

Laura A. Rosenbury
Associate Professor of Law

Margo Schlanger
Professor of Law

Karen Tokarz
Nagel Professor of Public Interest Law & Public Service

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Congratulations to the Class of 2008!

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“Canadian train in quarantine after death, illness”

Story here. There are no obvious links to feminism, but there is one to academia generally. I once had a fairly lengthy conversation with an epidemiologist who was studying and making recommendations for Universities with respect to the Coming Flu Pandemic. She thought it would be very likely that quarantines would be used to try to stop the spread of a bad flu. One thing that might happen is that everyone would be required to stay at home, in their homes, for a period of time related to the incubation period of the disease. If this was complied with fairly strictly, the spread of any pandemic could be halted. So, quarantines would be policed by actual police, and maybe National Guard troops. This, she said, is a good reason to have a plentiful supply of food and water on hand, flashlights, and a battery operated radio. Some people already do this, in case of natural disasters.

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I’m not as good about this as I should be, and though I have some jugs of water on hand they are past their expiration date, so it’s beyond time to replace them. And, if the quarantine period was longish I might be subsisting on ancient cans of chick peas by the end of it. But I’d be relatively comfortable in my home, even if I was confined to it for several weeks. The same is not true for people with food insecurity issues or (here comes the link to academia) college students, particularly those who live in dormitories. Students could not realistically be confined to their rooms, but they could be confined to their dorms, or even to specific dorm floors. And to plan for this possibility, universities need to make sure there will be sufficient food and water available.

I remember taking a guided tour of New Orleans in 1999, and the guide explained how vulnerable the city was to hurricanes, since it was a giant bowl, with many portions below sea level. Only a few year earlier the city has endured serious flooding. Katrina and its aftermath was still shocking to me as to about everyone else, because it seemed clear that everyone was aware of the danger, but no one had adequately prepared for it. Hopefully any municipality struck by a flu pandemic will fare better than New Orleans did because there has been extensive governmental planning. But just in case, you might want to make sure you have plenty of bottled water and nonperishable foods on hand (more info and suggestions here), if you can.

–Ann Bartow

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“With more years out of the workforce to care for family, combined with lower wages and a greater life expectancy, it’s clear that simply being a woman in our society may jeopardize your financial security.”

That’s a quote from WISER President Cindy Hounsell via this Jezebel post.

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Iraqi Women: An Interview with Nadje Al-Ali

Here.

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A Little Warmth For Your Heart

Remember this story? Now there is a video.

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“Iron Man: The Summer of Men”

The WOC PhD blog has a detailed review here, with spoilers. And pictures!

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Barbara Bennett Woodhouse, “Hidden in Plain Sight: The Tragedy of Children’s Rights from Ben Franklin to Lionel Tate”

From the publisher’s website:

Hidden in Plain Sight tells the tragic untold story of children’s rights in America. It asks why the United States today, alone among nations, rejects the most universally embraced human-rights document in history, the United Nations Convention on the Rights of the Child. This book is a call to arms for America to again be a leader in human rights, and to join the rest of the civilized world in recognizing that the thirst for justice is not for adults alone.

Barbara Bennett Woodhouse explores the meaning of children’s rights throughout American history, interweaving the childhood stories of iconic figures such as Benjamin Franklin with those of children less known but no less courageous, like the heroic youngsters who marched for civil rights. How did America become a place where twelve-year-old Lionel Tate could be sentenced to life in prison without parole for the 1999 death of a young playmate? In answering questions like this, Woodhouse challenges those who misguidedly believe that America’s children already have more rights than they need, or that children’s rights pose a threat to parental autonomy or family values. She reveals why fundamental human rights and principles of dignity, equality, privacy, protection, and voice are essential to a child’s journey into adulthood, and why understanding rights for children leads to a better understanding of human rights for all.

Compassionate, wise, and deeply moving, Hidden in Plain Sight will force an examination of our national resistance–and moral responsibility–to recognize children’s rights.

HIghly recommended!

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Immigration Court Ethics, Or Lack Thereof

Per this post at the Legal Ethics Forum:

Judge Posner recently issued a scathing critique of the immigration court system. He criticized the competence of immigration judges and lamented the dearth of qualified lawyers to handle immigration matters.

For more on these issues, you might want to take a look at this new article by Professor Michele Benedetto on the immigration court system. It is entitled, “Crisis on the Immigration Bench: An Ethical Perspective.”

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Major Scandal At West Virginia University

Mike Madison has the details.

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“Harvard Law Faculty Commits to Open Access to Scholarship”

Info/Law has the scoop. Here’s an excerpt:

I’ve been sitting on this post for what seems like an eternity, but the news embargo has been lifted, and we’re all free to share the fantastic news from Harvard Law School, where the faculty voted unanimously to provide open access to faculty scholarship in an online repository. This makes Harvard the nation’s first law school to make a public commitment to principles of open access (although such policies are well known in the scientific and engineering communities, where they have been driven by astronomical [and still rising] journal subscription fees).

Details of the motion come from the peerless John Palfrey, the new head of the Harvard Law Library who has served for several years as the Executive Director of the Berkman Center for Internet & Society. JP’s blog post has the full text of the motion, but the key provisions are:

“Each Faculty member grants to the President and Fellows of Harvard College permission to make available his or her scholarly articles and to exercise the copyright in those articles. More specifically, each Faculty member grants to the President and Fellows a nonexclusive, irrevocable, worldwide license to exercise any and all rights under copyright relating to each of his or her scholarly articles, in any medium, and to authorize others to do the same, provided that the articles are not sold for a profit. The policy will apply to all scholarly articles authored or co-authored while the person is a member of the Faculty except for any articles completed before the adoption of this policy and any articles for which the Faculty member entered into an incompatible licensing or assignment agreement before the adoption of this policy.”

This is great news for anyone with Internet access and a thirst for legal erudition. I hope many law schools follow suit.

–Ann Bartow

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“Facebook, the world’s second-largest social networking Web site, is adding more than 40 new safeguards to protect young users from sexual predators and cyberbullies, attorneys general from several states said Thursday.”

That is the first sentence from this article, which also notes in pertinent part:

The changes include banning convicted sex offenders from the site, limiting older users’ ability to search online for subscribers under 18 and joining an existing task force seeking ways to better verify users’ ages and identities.

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Breast is Best, But . . .

The New York Times reported last week that about 77 percent of new mothers breast-feed, the highest percentage in the United States in over a decade.   However, at six months age for the newborn, the rate of breast-feeding is the same as it has been, which is much lower than government-targeted rates.   This means that too many women try breast-feeding but don’t continue doing so.

The increased rate of breast-feeding at birth is encouraging because of all the health benefits associated with breast-feeding:   “The increase in initial breast-feeding has been driven at least in part by a concerted campaign by medical groups and government agencies that have sought to educate mothers about the benefits of breast-feeding and, increasingly, the risks associated with infant formula. . . . Studies have shown that children who are fed formula have increased risks of ear and respiratory infections, obesity, diabetes and even cancer.”

Campaigns to increase the rate of breast-feeding are wonderful.   But, at the same time, they are flawed without more, and maybe that’s why the rate at six-months isn’t increasing.

First, as has been pointed out by many, campaigns need to come with a push to make breast-feeding easier in a women’s lives.   Some working women get the support they need from their employer, but that’s the exception.   Most struggle to fit breast-feeding and pumping into their work lives and get no support from their employer in doing so.   All breast-feeding women struggle with finding breast-feeding-friendly public space.   The law needs to work to make breast-feeding easier for women.   But, despite this being incredibly important, it is well-worn territory.

In my mind, what is less-well-worn is a second flaw with current campaigns to increase the rate of breast-feeding.   This second flaw is that information about just how difficult many women find breast-feeding is not a major part of the campaign.   Admittedly, I’m speaking from my personal experiences (which are even more limited because I’m a man), but almost every woman I know who has breast-fed has had major problems — engorgement, oversupply, undersupply, mastitis, blebs, clogged ducts, cracked nipples, biting babies, etc.   And, most of them were surprised by this.   Breast-feeding had been portrayed to them as this wonderful experience between mother and child.   And, ultimately, it was.   But, the picture drawn did not include information about just how difficult it would be — physically and emotionally — and about how committed many women have to be to persevere through the difficult times.   With more accurate information about difficulties that many, if not most, women go through, maybe campaigns to increase breast-feeding would actually be more effective in the long-run, as more women might continue through difficulties if they knew that their problems were common, if not almost universal.

Certainly La Leche League, lactation consultants, OB/GYNs, midwives, and other personal/familial connections can provide this information, but it needs to be out there even more, a significant part of every campaign to increase breast-feeding.   Breast-feeding is natural, but it’s also incredibly hard for many women.   That shouldn’t be ignored.   The more realistic campaigns on the issue are, the more successful they’ll be.

– David S. Cohen

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Deana Pollard Sacks, “Intentional Sex Torts”

Now available for downloading here. The abstract:

Intentional tort law generally protects personal autonomy and self-determination vigorously by requiring fair disclosure before consent to physical contact is considered voluntary and valid. A glaring exception exists relative to consent to sexual relations. Although American law historically has provided remedies for fraudulent or other tortious inducement of sexual relations, current sex tort jurisprudence offers virtually no protection. The law’s contemporary “caveat emptor” approach to cases of sexual autonomy infringement is inappropriate because it departs from fundamental principles of intentional tort doctrine. In addition, the current law supports “false” norms that sexual misappropriation is acceptable. Current law fails to protect personal privacy, and fails to engage the law’s potential to influence social conduct positively.

Intentional sex tort law should be reformed so that it is consistent with prevailing sexual norms and principles of intentional tort doctrine. Allegations of tortious interference with sexual autonomy should be analyzed consistent with traditional battery jurisprudence bearing on the issues of intent to offend and offensive contact. Exceptions to the defense of consent should also be adopted. The fraud exception should apply, utilizing established principles of materiality and justifiable reliance. In addition, the law should acknowledge a heightened duty of disclosure between sexual partners consistent with informed consent doctrine, to encourage honest and fairly-informed personal relationships.

Regular readers may recall that she discussed this article previously, in a post here.

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“Schlafly’s honorary degree: a travesty of a mockery of a sham”

That is the title of a post at Crooked Timber discussing the decision by Washington University in St. Louis to award Phyllis “There won’t be an ERA on my watch” Shlafly of the Eagle Forum You ought to head over there to read the hilarious first comment, by Michael Berube (creatively imagine there are accents on the e’s in Berube), alone.

The University of South Carolina has given honorary degrees to all sorts of odious people over the years, so I’m in no position to judge Wash. U. too harshly. Moreover, faculty typically don’t have any role in selecting honorees, they certainly don’t here, so I wouldn’t blame the Wash. U. faculty either. But this is kind of galling, no question.

–Ann Bartow

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Are Women Leaders Different?

Video of a   panel discussion featuring former San Jose City Councilwoman Cindy Chavez; business executive and political fund-raiser Lorraine Hariton; Morgan Family Foundation President and former California Senator Rebecca Q. Morgan; and Stanford Law Professor and Ethics Center Director, and fabulous Feminist Law Prof Deborah L. Rhode, is available here.

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Pennsylvania”Marriage”Amendment Pronounced Dead

This morning, the Pittsburgh Post-Gazette is reporting that the proposed constitutional amendment to ban same-sex marriage is, for all intents and purposes, dead for the remainder of this legislative session. The main sponsor of the bill asked the Senate to table it, which it agreed to do. According to the P-G, the senators were facing a long evening of debate and voting last night, with as many as 14 different planned amendments to the bill (including the one blogged earlier here). Apparently, the main sponsor pushed to table the bill because, even had it passed the Republican-controlled Senate, it would have landed in a House committee chaired by an adamant opponent of the bill and the bill would not have been acted on any time soon (the Pennsylvania House is controlled by Democrats by a margin of 102-101). This is welcome news for all unmarried couples in Pennsylvania:straight and gay alike.

-Anthony C. Infanti

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101 Classroom Uses for a Cellphone

I’m cross-posting this from Millennial Law Profs because I have a feeling that my fellow Feminist Law Profs and readers are going to be some of the greatest outside-the-box creative thinkers on how to use a common everyday item for off-label purposes.   It’s no accident that Necessity is the Mother of Invention and not its dad or second cousin.

Steve Demby    suggests 10 ways to use a cellphone in class — and that’s just what he could come up with  off the top of his head.   But I’m determined that we can come up with 92 more. There are both students and professors who read this blog, so what can you think of (that’s constructive and serves some educational purpose) that you can do with a cellphone in a classroom?

Here are Steve Demby’s 10:

1) Check the spelling/definition of a word
2) Research a topic
3) Look up reference images
4) Pull up maps (even with satellite imagery)
5) Document a science lab with built in digital camera/video
6) Fact check on the fly
7) Mail questions to the teacher that they might be embarrassed to ask
8) Classroom response system
9) Take quizzes
10) Record and/or listen to podcasts

So post away! If you’re reading this post, add a comment over at Millennial Law Prof with at least one (yet unnamed) way to use cell phones in the classroom. Let’s assume that the phone has standard phone capabilities as well as text-messaging, pictures, mp3 sound, video, and Internet. If your idea requires some kind of add-on beyond that (like a stand-alone keyboard) be sure to note that. If you’re reading this post on a blog other than Millennial Law Prof, be sure to click over to MLP to leave your idea.

Hit it!

 

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MICHIGAN SUPREME COURT NIXES DOMESTIC PARTNER BENEFITS

The Michigan Supreme Court today upheld a lower court ruling that cities, counties, state universities, and other public employers cannot offer domestic partner benefits to their employees. The Court ruled that such benefits violate the state’s constitutional amendment that reads:”To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.”Gay rights groups, labor groups, and everyone concerned with protecting diverse families now need to advocate employee benefit schemes that allow employees to name any one person with whom they live in a economically interdependent relationship and that person’s children as covered on their employee benefits. This is what Salt Lake City, Utah does in Ordinance Number 2.52.100. Their plan has already been upheld against a challenge that it violated the state’s laws “defending” marriage. That approach is actually better from a family policy perspective! It means that two people who are not romantic partners but decide to raise their children together, or two friends who pool their resources, can also qualify…as can unmarried straight and gay partners. Some Michigan entities have started this type of criteria, but they all have problems — requiring living together for too long before covering or excluding different-sex unmarried partners or relatives. I explore these issues at length in chapter eight of my book. Oh…and the people of Michigan need to repeal their offensive constitutional amendment!

–Nancy Polikoff

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Rory Dicker, “A History of U.S. Feminisms”

From this website:

“The History of U.S. Feminism is an introductory text designed to be used as supplementary material for first-year women’s studies students or as a brush-up text for more advanced students. Covering the first, second, and third waves of feminism, The History of U.S. Feminism provides historical context of all the major events and players since the late nineteenth century through today.

“The chapters cover first-wave feminism, a period of feminist activity during the nineteenth and early twentieth century which focused primarily on gaining women’s suffrage; second-wave feminism, which started in the ’60s and lasted through the ’80s and is best understood as emphasizing the connection between the personal and the political; and third-wave feminism, which started in the early ’90s and arose in part from a backlash against the movements propagated by the second wave.”

NB: This is not a paid announcement, nor was anything received in kind for this post. Haven’t read the book, but it looks interesting.

–Ann Bartow

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Pregnancy Discrimination At Law Firms

Posts at Law and Letters, Concurring Opinions and at Workplace Prof Blog all discuss different aspects of a purported departure memo written by an associate at the San Francisco office of Paul, Hastings. The memo was initially posted at Above the Law where David Lat apparently “accidentally” failed to redact the name of the complaining attorney in all of the places it occurred, thereby making her name public when he left her name visible. Given his penchant for humiliating women, see also, see also (and publicizing it when others do) this is not surprising, but it is unfortunate for the lawyer, though her name is probably in wide circulation already, placed there by vengeful members of firm management. How grateful they must be to Lat for doing their job for them. The only reason I am linking to the ATL post now is that it appears her name has finally been removed.

In the departure memo, the lawyer asserts she was fired after a miscarriage, before she could get preganant again. At Workplace Prof Blog, Paul Secunda writes:

… And though these are just allegations, I come from the same environment and only can say that I know of very similar circumstances, and worse, happening around me when I wore the associate manacles.

But the fact that law firms might be morally bankrupt should be really no surprise. What is a surprise is that an experienced labor and employment firm was so (allegedly) callous in handling one of its own.

Like Paul, I am aware of legions of situations like this at many large law firms. Unlike Paul, I am not suprised that an experienced labor and employment firm might have been so callous. Why not? The partners at a firm like that well know that they can get away with it. It’s simple enough to give a confusing assignment to an associate, and then to castigate her with a bad review for not doing the job “correctly.” Many lawyers will absorb this kind of treatment so they can feasibly get a decent reference, and a good job somewhere else.

–Ann Bartow

NB: Edited for spelling errors, content and clarity. And I may have some additions soon. Carol Elefant’s take on the situation is here.

UPDATE: I received the following e-mail from David Lat, which I post here in its entirety, with his explicit permission to do so:

The associate’s name appeared in several places in the memo. I redacted it in all places except for one — below the notary line, where it was easily missed (and accidentally missed, by me, which I regret).

It is not accurate, therefore, to say that I “failed to redact the name of the complaining attorney in all of the places it occurred.” I redacted it EVERYWHERE IT APPEARED except for one place, where I missed it (accidentally — in the notary signature block — look at page 4).

After it was pointed out to me, I fixed that one missed redaction, within about five minutes of the post going up.

I am trying to do the right thing here with these redactions. I don’t appreciate it when I don’t get credit for these efforts.

Perhaps I should just go back to my former practice of just putting these documents up in unredacted form (since it’s extra work to redact, and since I get accused of not redacting them anyway).

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Outlawing Divorce

The story of the proposed “marriage” amendment to the Pennsylvania constitution gets even stranger, as a state senator from Philadelphia is attempting to add a provision to the bill containing the proposed constitutional amendment that would outlaw most divorces in Pennsylvania. (The Pittsburgh Post-Gazette story is here.) The senator’s argument for outlawing most divorces: If the purpose of the proposed constitutional amendment banning same-sex marriage is to protect “traditional” marriage, then the next logical step to protect “traditional” marriage is to curtail the availability of divorce. Naturally, there is no chance that this proposal will make it into the bill, but the senator plans on using it as a springboard for attacking the proposed constitutional amendment banning same-sex marriages (and civil unions, domestic partnerships, etc.).

-Anthony C. Infanti

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There are 795 (not including Michigan and Florida, whose super delegate votes do not count) total Democratic super delegates. How many are white? How many are women?

Anyone know? Some information is here.

NB: The   majority of registered   voters are white, and I’d guess that the majority of super delgates are white as well. The majority of   registered   voters are female. Somehow I am not expecting that the majority of super delegates are, though.

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Law School In A Box?

Via. Do you suppose it comes with aspirin? Or bandages? Or weapons? Or snacks? Or arrogant pedantry? Pretty sure I’m not going to spend $15 to find out, but if you do, let me know.

–Ann Bartow

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“And then there was one”

That’s the title of this overview of the bittersweet story of The Fultz Quads.

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Update on Pennsylvania”Marriage”Amendment

As the Pittsburgh Post-Gazette is reporting today, the so-called marriage amendment to the Pennsylvania constitution (blogged earlier here and here) was voted out of the Pennsylvania Senate’s Appropriations Committee yesterday. Demonstrating that discrimination always comes at a price, this measure had to go through the Appropriations Committee because the cost of advertising this measure in newspapers around the state before the next election (which is a required part of the amendment process set forth in the state constitution) could be as much as $1 million. Yes, that’s right. It could cost $1 million to enshrine discrimination against same-sex couples in the state constitution. Is there really nothing better that our state legislators can think to do with a million taxpayer dollars?

The bill containing the amendment could be voted on by the full Senate as early as today. I would urge all of our Pennsylvania readers to get on the phone to their senators today to voice their opposition to this measure. Equality Advocates has some great resources on its web site for those interested in voicing their opposition to this measure, including a legislator locator and talking points. Kudos go to Equality Advocates (and especially to its Executive Director, Stacey Sobel) and to the Women’s Law Project (and especially to Senior Staff Attorney Sue Frietsche) who have been doing an amazing job in organizing the opposition to the proposed constitutional amendment

-Anthony C. Infanti

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“A Glimpse Into the Chaos: Learning About the Consequences of the War”

That’s the title of a really good post at The Feminist Underground.

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The Ten Most Influential Political Pundits in the U.S.?

The [U.K.] Telegraph thinks so. Notice anything they have in common? Via Echidne.

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From the Department of Potential Blog Ad Pitfalls

Via.

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Blawg Review #158 -“Midwives and the Law”

Here at the Mommy Blawg.

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Mildred Loving Has Died.

In an article that (oddly, in my view) refers to Loving as “the Matriarch of Interracial Marriage,” Yahoo News reports:

Mildred Loving, a black woman whose challenge to Virginia’s ban on interracial marriage led to a landmark Supreme Court ruling striking down such laws nationwide, has died, her daughter said Monday….

… Loving and her white husband, Richard, changed history in 1967 when the U.S. Supreme Court upheld their right to marry. The ruling struck down laws banning racially mixed marriages in at least 17 states.

They had married in Washington in 1958, when she was 18. Returning to their Virginia hometown, they were arrested within weeks and convicted on charges of “cohabiting as man and wife, against the peace and dignity of the Commonwealth,” according to their indictments.

The couple avoided a year in jail by agreeing to a sentence mandating that they immediately leave Virginia. They moved to Washington and launched a legal challenge a few years later.

You can read the Supreme Court opinion in Loving v. Virginia here. You can listen to the oral argument that preceeded the opinion here.

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“Trying to expand fan base by marketing its players, the WNBA for the first time offers rookies lessons in fashion and makeup”

That’s an excerpt from this article, which also contains the following:

… “It’s all contributing to how to be a professional,” league President Donna Orender said of the orientation classes. “I do believe there’s more focus on a woman’s physical appearance. Men are straight out accepted for their athletic ability. That’s reality. I think it’s true in every aspect of the work force. This is all about a broader-based education.” …

In fairness, the author of the article doesn’t necessarily endorse this, and sounds maybe even a little rueful when noting that “Even this newspaper, during a five-day series of stories chronicling the origin of the Sky franchise, posed players in gowns with basketballs.” The article contains this critique:

… Susan Ziegler, a Cleveland State professor of sports psychology, said disparity in wages and media coverage between male and female athletes, along with a battle against perceived negative stereotypes, are factors in marketing female sports figures for their physicality rather than their athletic assets.

The WNBA, she said, seems to be becoming more image-conscious.

“No. 1 is, of course, the need for the image of WNBA players to be seen as real women,” Ziegler said. “That comes from the lesbian homophobia that surrounds women in sports in general.”

Ziegler has done extensive research on female athletes being sexualized through the media. Even with something as common as applying lipstick, promoting physical appeal can take away from the athletes’ legitimacy, she says.

“Once you begin to worry about how the person looks as opposed to how she plays, you’ve crossed the line into dangerous play,” Ziegler said. “We’re not really focused on marketing them as athletes but as feminine objects.” …

The WNBA, however, is apparently justifying this focus on physical appearance as a “celebration of womanhood”:

… Renee Brown, the WNBA’s vice president of player personnel, said the league aims to show its players as “mothers, daughters, sisters, nieces and entrepreneurs” and their “womanhood” is important to promote the league.

“You’re a woman first,” Brown said. “You just happen to play sports. They enjoy dressing up and trying on outfits, where back in the day, everyone just wore sweats.

“Call it what you want. We’re just celebrating their womanhood.” …

In a way, this makes a sad and depressing sort of sense. Female actors and musicians are held to extreme standards of beauty no matter how talented they are, and harshly punished when they fail to achieve them. Female comedians can sometimes get away with looking average, but only if they make constant self-abusive self-flagellation about their appearances part of their acts. Basketball players are entertainers too, and just excelling at their sport just isn’t going to be good enough to succeed in this culture.

–Ann Bartow

Update: Viva La Feminista observes: “ After cooling off from my initial shock and anger, I realized that this is just one more step in the craptastic direction of making some of the strongest and best athletes in the world into cheesecake pin-ups.” Read her full take on this development here.

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The Temptation to View the Death of Eight Belles As Feminist Parable Is Overwhelming

Eight Belles is the horse who took second place in the Kentucky Derby yesterday, but broke both front ankles in the process, and was therefore immediately euthanized. She was the only filly in a field of twenty horses. A story about this in today’s NYT starts out: “Boy, did Eight Belles hang with the boys.” The author later observed:

Eight Belles could have easily been the wagering favorite in Friday’s Kentucky Oaks, an all-girl showcase. But Jones and Porter decided to run her against the boys despite the fact that she had never done so before. She had, after all, solid credentials with a four-race winning streak.

She was reportedly the first filly to run in the Derby since 1999. She ran with “the boys” in a race overwhelming dominated by males, in a sport designed by and for men. She excelled, but she paid for her success with her life.

Peace to you, Eight Belles.

–Ann Bartow

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CFP: 5th Annual National Conference on Prostitution, Sex Work and Human Trafficking

The University of Toledo and the Second Chance Advisory Board have issued this call for papers for a two-day conference to be held at the University of Toledo on September 18th and 19th, 2008.

The purpose of this conference is to bring together researchers and practitioners across the country and abroad to lay the groundwork for future research, advocacy, and program development. Social service providers, researchers, advocates, health care providers, criminal justice and other paraprofessionals are invited to come together to become educated on the issue of human trafficking and the needs, risks, and victimization of those involved in commercial sex work.

If you are interested in presenting, please submit an abstract. Abstracts are due June 30th, 2008. If you are interested in attending, registration details can be found on our website (here).

-Bridget Crawford

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Lesbos Residents File Suit Over Use of Term “Lesbian”

From this CNN.com article, sophomorically entitled “Lesbos ladies launch lesbian lawsuit”:

… Three islanders from Lesbos — home of the ancient poet Sappho, who praised love between women — have taken a gay rights group to court for using the word lesbian in its name.

One of the plaintiffs said Wednesday that the name of the association, Homosexual and Lesbian Community of Greece, “insults the identity” of the people of Lesbos, who are also known as Lesbians.

“My sister can’t say she is a Lesbian,” said Dimitris Lambrou. “Our geographical designation has been usurped by certain ladies who have no connection whatsoever with Lesbos,” he said.

The three plaintiffs are seeking to have the group barred from using “lesbian” in its name and filed a lawsuit on April 10. The other two plaintiffs are women.

A spokeswoman for the Homosexual and Lesbian Community of Greece said the action was “a joke in bad taste that borders on discrimination.”

“I don’t see how the word can be an insult,” Evangelia Vlami said. “We don’t think doubt can be cast on dictionaries … even the United Nations refer to us as Lesbians.”

Also called Mytilene, after its capital, Lesbos is famed as the birthplace of Sappho. The island, particularly the lyric poet’s reputed home town of Eressos, is a favored holiday destination for gay women.

“This is not an aggressive act against gay women,” Lambrou said. “Let them visit Lesbos and get married and whatever they like. We just want (the group) to remove the word lesbian from their title.”

He said the plaintiffs targeted the group because it is the only officially registered gay group in Greece to use the word lesbian in its name. The case will be heard in an Athens court on June 10. …

I don’t know anything about domestic Greek trademark law, but you can find law review articles discussing geographic indicators from international perspectives here, and here.

–Ann Bartow

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Surprising “Fox News” Error

Here.

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11th Circuit reverses a lower court’s summary judgment dismissing a gender-based employment discrimination claim by analogizing to race.

From The Blog of Legal Times:

… In the case, the plaintiff, Ingrid Reeves, worked as the only female transportation sales representative in the Transportation Sales Section of C. H. Robinson Worldwide’s Birmingham, Alabama branch office.

Reeves alleged in her lawsuit that the Fortune 500 third-party logistics company was responsible for her exposure to sexually offensive language from the summer of 2001 to spring 2004. She also alleges she was routinely exposed to talk radio programs that discussed a number of sexually explicit topics, including erotic dreams and female pornography. She also claimed her coworkers told crude jokes and when she complained, they told her to bring earplugs to work.

District court judge Inge Johnson dismissed her claim, saying that her lawsuit was not actionable because the conduct in question was not directed at her specifically. An 11th Circuit panel overturned that decision on Monday. Circuit Judge Charles R. Wilson wrote in his opinion that, “Though we have never explicitly held that such ‘sex specific’ language satisfies the ‘based on’ element in a sexual harassment hostile work environment case even when the language does not target the plaintiff, we do so today in light of our race-discrimination cases.”

Wilson cited Walker vs. Ford Motor Co. from 1982, in which a black male working at a car dealership claimed that his coworkers used offensive racial epithets. …

The full opinion is here (PDF).

–Via Leslie Bender

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Upcoming Conference at Brown: “Beyond Borders: Innovative Approaches to Combat Human Trafficking in the United States and Abroad”

May 24, 2008, 11:00 a.m.

List Art Center Auditorium, 64 College Street, Providence

According to the United Nations, over 12 million people worldwide are trafficked for forced labor or sexual exploitation every year. In the United States, an estimated 17,500 foreign nationals are trafficked annually, and an estimated 200,000 American children are at high risk for trafficking into the sex industry each year. Despite the grim statistics, much progress is being made to prevent human trafficking, serve the needs of those who have been trafficked, and prosecute traffickers and their customers. Learn what is meant by the term”human trafficking”and how non-governmental organizations, academics, and the public are addressing this vast and complicated problem.

Sponsored by the Pembroke Center for Teaching and Research on Women, the forum features Katherine Chon’02, co-founder and President of the Polaris Project, and Kay Warren, the Charles B. Tillinghast Jr.’32 Professor of International Studies, Professor of Anthropology, and Director of the Politics, Culture, and Identity Program at the Watson Institute for International Studies.

For more information, please contact the Pembroke Center Associates:
Phone: (401) 863-3433
E-mail: Pembroke_Associates@brown.edu

–Via Joan Heminway

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Intentional Sex Torts

Since 2005, four states have finally recognized that fraudulent inducement of sex is rape. Not just immoral, not just “boys being boys” behavior, but misappropriation of a woman’s personal right to choose who invades her body. Perhaps surprisingly, the first state to recognize fraudulent inducement of sex as a basis for rape was Alabama in 2005. California, Michigan, and Tennessee followed suit the following two years, and Peter Koutoujian of Massachusetts filed a similar bill in February, 2008, which, when passed, will make Massachusetts the fifth state to recognize the crime of “stealing” another’s sexual prerogative.

For decades, feminists such as Susan Estrich have argued that rape has many forms, and often occurs in contexts not involving physical force or violence. While women have always known this, most (male) judges in the U.S. publish sentiment in criminal and tort cases reflective of an inappropriate “boys will be boys” mentality. For example, a New York judge had the nerve to write in 1975:

“So bachelors, and other men on the make, fear not. It is still not illegal to feed a girl a line, to continue the attempt [to obtain sex], not to take no for a final answer, at least not the first time. . . . [A] male [will] make promises that will not be kept, . . . indulge in exaggeration and hyperbole, or to assure any trusting female that, as in the ancient fairy tale, the ugly frog is really the handsome prince.Every man is free under the law, to be a gentleman or a cad.” (People v. Evans).

Thankfully, this mentality appears to be dying out. In a world filled with dangerous sexual diseases, it is particularly important to protect women’s rights to protect their own bodies, not just against physical violence, but against fraudulent inducement of sexual decisions and all of the dangerous consequences that can result from a lack of truly informed consent to sexual relations. For more background about the need for tort law to respond to the reality of sexual misappropriation, see my new article, Intentional Sex Torts, to be published in the Fordham Law Review in the fall of 2008.

— Deana Pollard Sacks

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Dammit – DC Madam Hangs Herself

The DC Madam killed herself yesterday, about a week after being found guilty by a jury on prostitution-related charges of money-laundering (among other things).Among her alleged clients are Louisiana Senator David Vitter, former U.S. Deputy Secretary of State Randall Tobias, and Harlan K. Ullman, a senior associate with the Center for Strategic and International Studies, who developed the”shock and awe”doctrine.

I titled this post with a”Dammit,”something I am not inclined to do normally in this academic setting, because I am just disgusted and disheartened at how this has played out. Anyone who has paid attention to how women versus men have been treated in the context of prostitution could have seen this train coming down the tracks. Women who are exposed as having been involved in prostitution scandals often kill themselves. Men tend to waltz away, unscathed in the long term. I realize these are gross generalizations for which I have no empirical substantiation, but I am thinking about Brandy Somethingorother, from about a year ago. Without going back and looking the story up, I think Brandy was a professor (or used to be) who was also a prostitute. When she was publicly revealed as a prostitute, and when it seemed that she was going to be in huge legal trouble, she killed herself. I do not recall that any of her male clients, nor any of the DC Madam’s male clients, killed themselves. Just the DC Madam and this Brandy Somethingorother killed themselves. Why is it that the women are scorned and shamed and kill themselves but the same thing does not happen on the male side?

I am one of three daughters, raised in an all-girl household (save my long-suffering father). All three of us Nowicki girls have graduate degrees. We were raised completely unaware of the notion that being a girl ever mattered in the bigger-picture sense. (It mattered in terms of whether I needed to lift the toilet seat and whether I was likely to grow to a size to be able to compete on the football field with any chance of success, but it did not matter – or so I thought – in terms of justice and fairness in life.) We were raised with the belief that everyone – women, men – are judged equally on the basis of their achievements and missteps, and gender is irrelevant.

But, yet, the DC Madam was left dangling by her neck in some shed in Florida, while Vitter, Tobias, and Ullman are out there, happily employed, likely soon to put their affiliation with the blissfully deceased (likely their view) DC Madam far, far behind them. *That* is what prompts me to title this post”Dammit.”We all could have seen this coming. *That* is why this post is titled”Dammit.”

It strikes me as ironic that I just learned today that corporate and securities law professor Jill Fisch was hired by UPenn, such that there is now one fewer top top law school with basically no women among the corporate/securities law faculty. Score one for the women. Congratulations Professor Fisch. Tough to juxtapose that, however, with”RIP Deborah Jean Palfrey.”I guess today is a wash in terms of equality for women. Dammit.

My condolences to Ms. Palfrey’s mother. Regardless of the legality or illegality of Palfrey’s actions, it should not have ended this way.

–Elizabeth A. Nowicki, crossposted from Truth On The Market

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“Challenging Men’s Demand For Prostitution In Scotland”

Full report here (PDF). The research reflects a collaboration between the Women’s Support Project in Glasgow and Prostitute Research and Education in the U.S..

Links to press coverage of the report here. Via The Burning Times.

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Organizing Communities to End Violence Against Women

The Women and Girls Collective Action Network, based in Chicago, has prepared this report on practical, non-institutional ways to help end violence against women.

-Bridget Crawford

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Who’s Afraid of the Big Bad Dildo?

From the University of Wisconsin’s Badger Herald, this article, “Law School Shuts Down ‘Sex Toys 101′ Talk:”

The University of Wisconsin Law School canceled an event with controversial sexual content last Wednesday, and some students are calling the action a possible First Amendment violation.
The Wisconsin Law Students for Reproductive Justice had planned an event called”Sex Toys 101″to promote safe alternatives to sex, educate about sexual health and pleasure, and discuss law concerning sex toys, according to the group.

In an interview Monday, Law School Associate Dean Walter Dickey said the event was canceled for content-neutral reasons, pointing to a Student Organization Office policy that prohibits the promotion or sale of commercial products by a private company.

According to Wisconsin Law Students for Reproductive Justice Chair Maria Selsor, the group brought in an expert from local retailer A Woman’s Touch to give a presentation.

“They received no monetary benefit from coming in : they do it as a public service,”Selsor said.”They’re the only people in the Midwest, basically, that know so much about women’s sexuality, so they’re the perfect people to come in.”

In a response letter to the student group Tuesday, Davis expressed regret for the”misunderstandings and miscommunications”related to the event. He said the group’s expenses for food and beverages would be reimbursed, but that the Law School would not be reimbursing the group for the merchandise they had intended to give away.

He also assured the student group that the event could be rescheduled if the group made sure”no commercial products will be sold, promoted, or endorsed.”

In their complaint sent Friday, however, the students contend even after they told Law School administrators the event did not involve any sales or promotions, Dickey indicated the event should be canceled.

The Wisconsin Law School administration bungled this one. It is a step back for a school that otherwise has a reputation for encouraging progressive discourse on feminist issues.

I think it is completely appropriate to ask thoughtful questions about the meaning of sex-toy educational events and/or sex-toy parties. Objections need not be anti-woman, anti-feminist, anti-sex. As Audrey Rogers and I blogged (here):

[O]ne’s comfort level with attending a sex-toy party, talking about a sex-toy party or even looking at the advertising for a sex-toy party should not be a proxy for”open-mindedness,”“progressiveness”or”feminism.” It is perfectly reasonable to feel uncomfortable walking into a roomful of strangers : even if they are all women : for a discussion of sexual techniques and personal satisfaction. Discomfort does not mean you are a”prude”or lacking some sort of special feminist credential.

Robust conversation about the utility, meaning and implications of sex-toy events is good. Shutting them down is not. What’s so threatening about a discussion intended to “promote safe alternatives to sex, educate about sexual health and pleasure, and discuss law concerning sex toys?” The Wisconsin administration should allow the students to hold their event as planned.

H/T to Ralph Stein, who embraces free speech.

-Bridget Crawford

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May Is Asian Pacific American Heritage Month

Cool video here. Via Jenn at Reappropriate.

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Happy May Day

Celebrate by reading Historiann’s May Day post!

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Conference: “Prosecuting Sexual and Gender-Based Crimes in the ICC: Translating Promises into Reality” on October 14, 2008 at Washington College of Law, American University, Washington, D.C.

Prosecuting Sexual and Gender-Based Crimes in the ICC: Translating Promises Into Reality
Date: 10/14/08
Times: 09:30AM – 04:00PM
Description: Prior to the passage of the Rome Statute in 1998, women’s human rights activists engaged in a campaign to demand prosecution of gender-based crimes in the proposed International Criminal Court. Because of this campaign, the International Criminal Court is the first international criminal justice mechanism that explicitly takes into account gender concerns in both its administrative structure and its general subject matter jurisdiction. The International Criminal Court serves as a symbol of a legal system that takes the concerns and needs of women seriously. Join leading experts and practitioners for a full day exploration of a deceptively simple question: Has the ICC’s symbolic potential as an institution committed to holding accountable perpetrators of mass sexual and gender-based crimes translated into reality?
Sponsor: Women and International Law Program and the War Crimes Research Office
URL: http://www.wcl.american.edu/gender/wlp/
Location: WCL, Room 603
Contact Name: Angie McCarthy
Contact Phone: (202) 274-4089
Contact Email: wilp@wcl.american.edu

Via IntLawGrrls, where there is more information.

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“Opponents carry injured home-run hitter around bases”

This story is pretty heartwarming:

With two runners on base and a strike against her, Sara Tucholsky of Western Oregon University uncorked her best swing and did something she had never done, in high school or college. Her first home run cleared the center-field fence.

But it appeared to be the shortest of dreams come true when she missed first base, started back to tag it and collapsed with a knee injury.She crawled back to first but could do no more. The first-base coach said she would be called out if her teammates tried to help her. Or, the umpire said, a pinch runner could be called in, and the homer would count as a single.

Then, members of the Central Washington University softball team stunned spectators by carrying Tucholsky around the bases Saturday so the three-run homer would count – an act that contributed to their own elimination from the playoffs. …

Read the whole thing here, it’s great.

Via Sharon Sandeen, who notes: “What an inspiring story! This is why I love women’s sports and why you should follow it more.”

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still black: a portait of black trans men

trailer here. more info here:

Directed by experimental filmmaker Kortney Ryan Ziegler, still black is a feature-length documentary that explores the lives of six black transgender men living in the United States. Through the intimate stories of their lives as artists, students, husbands, fathers, lawyers, and teachers, the film offers viewers a complex and multi-faceted image of race, sexuality and trans identity.

via The F-Word.

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COUNCIL ON CONTEMPORARY FAMILIES

I’m just back from the annual conference of the Council on Contemporary Families  and I’m wondering why I was the only law professor there!   This is the group most dedicated to fighting the simplistic message of the right-wing marriage movement — not to mention the current administration with its “marriage promotion” and abstinence-only sex education policies — that the decline of life-long heterosexual marriage is responsible for all our social problems.   It’s mostly social science and mental health academics and some clinicians.   I’ve written more about the event at my own blog. In fact, as I travel around speaking about my book, Beyond (Straight and Gay) Marriage,  on college campuses, I am reminded how infrequently law students and undergrad/grad students (and their faculty!) interact.   At University of Chicago, I spoke to law students at 12:30 and then walked ten minutes “across the midway” to speak at the Center for Gender Studies at 2:00…this because I was told law students wouldn’t make that walk across the midway!   But feminist family law profs should know people like Barbara Risman  and Stephanie Coontz, and I think we’ve got a contribution to make to their work as well.   I found the audience very interested in my talk on the difference between how the law treats the dissolution of marriages and how it treats the dissolution of non-marital couples.

Nancy Polikoff

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Storm Large on “Ellen” a couple of years ago: “The high heels nearly killed me.”

Here. A couple of fabulous clips of her singing: Here, here, here, here and here.

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