Author: Sarah Waldeck

12

Oregon Supreme Court Considers Circumcision of 12-Year-Old Boy

No graphic for this post, tempted though I am . . . .

On November 6, the Oregon Supreme Court heard a dispute between parents over the circumcision of their 12-year-old son. The father, who has recently converted to Judaism and has full custody of the boy, wants him circumcised. The mother is trying to stop the procedure and argues that it is both sexual and physical abuse. The lower court dismissed her challenge but would not permit the circumcision to occur until all appeals were exhausted.

There’s been plenty of talk about this case over at Law Blog. Reading the comments provides a snapshot of the debate over whether the United States should continue its practice of male infant circumcision. Law Blog has comments about the procedure’s health benefits and associated risks; assertions about whether circumcised males experience less sexual pleasure than uncircumcised males; and questions about whether one can criticize male circumcision and avoid being labeled anti-semitic.

I’ve argued elsewhere that even non-religious infant male circumcision is driven primarily by cultural concerns, not medical ones. Sociological research has shown that many parents decide to circumcise because they want their son to resemble his father or his peers. Moreover, the cultural ubiquitousness of infant male circumcision substantially affects the debate that surrounds the practice. Doctors, academics and judges cannot help but be influenced by the fact that they are likely to be circumcised themselves (particularly if they are Caucasian), or to have only been exposed to circumcised sexual partners, or to have decided to circumcise their own children. This cannot help but color the debate, probably in ways that even the participants themselves are unaware.

The Oregon case provides an interesting twist because the child is 12. At Law Blog, readers have emphasized the OUCH factor and argued that the boy can decide whether to undergo circumcision when he turns 18. But some other cultures believe that circumcision is too painful and traumatic for newborns; instead, they circumcise boys during late elementary school, as part of a passage into manhood.

An article in the NY Sun quotes Geoff Miller at NYU as stating that he would “be quite shocked or at least surprised” if the Oregon Supreme Court reverses the lower court. Miller has good reason for his opinion, as courts have been unsympathetic to non-custodial parents who seek to prevent the circumcision of infants, and to custodial parents who claim the procedure was done without their informed consent. Still, this case may turn out differently than the rest. The Pacific Northwest has the lowest circumcision rates of anywhere in the county. The boy is 12. The combination of these two factors may mean that judges in Oregon view this case through a different cultural lens.

6

Cash Is No Longer King

money.jpgAmerican Council of the Blind v. Paulson is scheduled for argument before the D.C. Circuit Court of Appeals on November 19. You probably heard about the case when the district court issued its ruling almost a year ago; it orders the Treasury Department to design and issue paper currency that permits the blind to readily distinguish between different denominations. Plaintiffs invoked the Rehabilitation Act, which aims to ensure that the disabled fully participate in today’s society. They successfully argued that such participation requires that the visually impaired be able to conveniently and confidentially exchange currency in ordinary daily purchases. The district court’s opinion was notable for its silence about the striking changes in the ways that Americans pay for goods and services, as well as its failure to address the staggering ancillary costs that accompany major currency change.

As my colleague Erik Lillquist and I have written about here, currency is just one component of payment systems in the United States, a system that has undergone massive transformation over the last several decades. Of course the American Council for the Blind is correct when it asserts that the blind need to be able to engage in everyday commerce. But this sort of participation rarely necessitates the use of currency, which is increasingly becoming a twentieth-century relic.

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Advising Female Graduates

Hello to everyone and thanks to Dan for inviting me to post this month.

I wanted to begin by noting an article that appeared in today’s New York Times. In it, Lisa Belkin surveys the flood of research on how women in the workplace are viewed differently than men. Belkin’s article cites many studies, all of which will sound familiar—probably because if you haven’t heard of the study she is discussing, you’ve heard of one that had similar results. These studies all boil down to the same conclusion: women are perceived to lack whatever qualities are most valued in the workplace, at least when compared to men who are behaving the same way as their female counterparts.

As Belkin explains, women are advised:

Don’t get angry. But do take charge. Be nice. But not too nice. Speak up. But don’t seem like you talk too much.

She continues:

These are academic and professional studies, not whimsical online polls, and each time I read one I feel deflated. What are women supposed to do with this information? Transform overnight? And if so, into what? How are we supposed to be assertive, but not, at the same time?

Belkin’s article has made me consider what I say to graduating female law students. My gender-specific advice always involves the thorny issue of balancing a legal career and children. I don’t say anything about the situation that all female graduates will find themselves in: that is, being a woman in a legal workplace.

I’m wondering what advice others give on this topic, or what valuable counsel others have received. If you have anything useful, please pass it along.