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Archive for the ‘Feminism and Gender’ Category

An Anecdotal Survey on the Mommyprof Track

posted by Jaya Ramji-Nogales

A couple of weeks ago, I invited readers to participate in a survey on maternity leave policies at various law schools.  This effort was aimed at provoking open dialogue on the topic rather than providing a scientifically defensible sample or survey of law school practices (a worthy endeavor but not one that this mommyprof can fit into her schedule!).  I received 22 responses to the survey, which could include some overlap from the same law school, so the results are not even close to representative of the 193 ABA-accredited law schools in the U.S.  Nonetheless, I think the findings are interesting.

It was striking that all but one of the respondents said that their law school did not expect women to wait until tenure to have children.  The other respondent was not sure how her school would view pre-tenure childbearing, but worried that a leave might attract stigma from male colleagues.  On the brighter side, one commenter noted that at her school, all of the junior women in relationships had children before tenure in recent years.  While I know from conversations with friends at other law schools that this norm is not universal, it’s nice to see that it may be more widespread than I had expected.

Read the rest of this post »

  October 14, 2009 at 3:03 pm   Posted in: Feminism and Gender, Law School (Teaching)  Print This Post Print This Post   No Comments

Two birds, one stone

posted by Kaimipono D. Wenger

PigeonsHowto: Fight anorexia and associated body image disorders, plus combat DMCA abuse — all in one handy blog post. (In which Cory Doctorow eviscerates the weak C&D letter asking BoingBoing’s ISP to remove a bizarrely photoshopped image of a mutant anorexic model.)

Excellent multitasking, folks. In future DMCA smackdowns, Cory will cure cancer, save the rainforest, and abolish the designated hitter rule.

(Image: Wikicommons)

  October 6, 2009 at 6:36 pm  Tags: anorexia, boingboing, dmca, fair use  Posted in: Feminism and Gender, Intellectual Property  Print This Post Print This Post   No Comments

The Mommyprof Track

posted by Jaya Ramji-Nogales

In many ways, law teaching is an ideal job for ambitious women who value a balance between work and family.  Many (though by no means all) law schools have generous maternity leaves — a semester paid, and if you can time your baby at the beginning of the calendar year or the end of the academic year, you can tack on a summer and win nine months at home with your newborn.  Once you’re back to teaching full time, the flexible schedule makes it possible to spend quality time with children during the hours they are available and to get your work done after the little ones have gone to bed.   And, at least in an ideal world, your colleagues view you as a lifetime investment rather than a disposable worker, so they will be flexible and supportive at this particularly challenging stage of your life.

That has been my experience and that of several of my friends, but I have heard significantly more negative stories from other women, ranging from law schools that refuse to provide more than six weeks paid leave to schools that expect female professors to wait until they have tenure to bear children.  I’ve heard of other schools that require women to “make up” the classes they miss while on leave; I can only imagine what a 2-2 or 2-3 teaching load while juggling a toddler (or nursing!) does to one’s research agenda.  And of course, for all of us, there’s no “part-time” option as a law professor; while working moms in many other fields can opt to work only two or three days a week for less pay, there’s no “mommy track” to tenure.  So while law prof moms often have the flexibility to work from home two or three days a week, those days must be productive and can’t be spent playing with little ones.  (To be sure, that’s just fine with many of us, including yours truly, but may not be ideal for all law prof moms.) Read the rest of this post »

  September 30, 2009 at 4:03 pm  Tags: gender  Posted in: Feminism and Gender, Law School (Teaching)  Print This Post Print This Post   No Comments

Modern English Usage

posted by Jon Siegel

On the way back from teaching class today, I passed two women students in the hallway, one of whom was saying to the other, “I was in the same situation.  But I manned up.”

Do women man up?  I was interested to learn that they do.

  September 15, 2009 at 1:20 pm   Posted in: Feminism and Gender  Print This Post Print This Post   5 Comments

Teaching Sexual Violence

posted by Jaya Ramji-Nogales

teacherI’m into week two of Evidence, which is one of my favorite classes to teach — full of vivid examples and fun hypotheticals, which make it relatively easy to keep students engaged.  Each year, however, I hit the tricky problem of how to deal with the sections of the course that cover crimes of sexual violence while maintaining the pedagogical goals of maximizing participation in class discussion and encouraging thorough and comprehensive study habits.  There are two main parts to this question — how to approach cold-call questioning in this area of the course and how to test these issues.  I’m sure others who teach evidence, criminal law, international criminal law, and similar courses have faced these problems, and I’m eager to hear how you’ve addressed them. Read the rest of this post »

  September 4, 2009 at 12:06 pm   Posted in: Criminal Law, Evidence Law, Feminism and Gender  Print This Post Print This Post   4 Comments

Feminist Law Professors

posted by Elizabeth Nowicki

I have long been a fan of the blog “Feministlawprofessors.com.” The blog does a stellar job of raising and discussing various issues, the content of the blog is sound and reasoned, and Ann Bartow, the founder of the website, has graciously cross-posted some of my posts on prostitution over the past couple years.

Therefore, when Bridget Crawford, another of the main posters on feministlawprofessors.com, asked if I wanted to be named on their list of “self-identified feminist law professors,” I was thrilled to be asked. The question was raised, however: What does the label “feminist law professor” mean? If I was going to self-identify as a “feminist law professor,” I wanted to be sure I fit within the definition.

The reality is that those who know me well might not immediately fit me within the category of “feminist law professor,” if we consider only the older stereotypes about what a feminist “looks like.” To wit, I have never taught “feminist legal theory” (though I could and would, happily), I am Catholic, I am fairly conservative, I have never been a member of NOW, I have been a member of the Federalist Society, I am not offended by some things that are clearly “gendered” (such as men opening doors for women), and I have never burned a bra.

That said, I support equality for all, and I engage in activities intended to support this goal. Indeed, one of the many things that troubles me about the legal profession is the fact that women make up roughly 50% of all law students but only about 19% of all law firm partners and less than 20% of all Supreme Court justices.

But does supporting equality for all make me a feminist law professor? If so, wouldn’t – in theory – most law professors be “feminist law professors?”

I realize that this blog post should be many paragraphs longer, to address the issues raised by my questions above. But even with a blog post five times the length of this one, I doubt I could do the questions justice. So I will end simply by observing that, while I am happy to be labeled a “feminist law professor,” it is interesting to me that the phrase is not easily defined.

  July 13, 2009 at 7:07 am   Posted in: Blogging, Feminism and Gender  Print This Post Print This Post   3 Comments

Professor John Doe Is An Ugly [Insert Racial Slur]!

posted by Elizabeth Nowicki

Law students sometimes use the internet to widely disseminate racist or gendered comments about women and minority faculty members. For example, I have heard about law students using teaching evaluation forms or Facebook or Myspace to make comments to the effect that that a female faculty member is a bitch with PMS or that an African-American faculty member is a [insert racial slur]. Indeed, the Auto-Admit debacle from a couple years back revealed that law students or potential law students seem to at least sometimes use the internet to convey vicious gendered and/or racist comments.

When I hear about these situations, I always wonder about the “character and fitness” implications. It seems to me that a law student who is publicly judging a female faculty member negatively on a gendered basis or who is characterizing minority faculty members by way of stereotyping and ugly slurs is raising questions about his/her character and fitness to practice law. In the same way that a lawyer who embezzles is not fit to practice, one might argue that a law student who dismisses individuals with ugly characterizations based only on race or gender might also be of questionable character for purposes of practicing law. Yet not everyone agrees with this assessment, and, with respect to law students using the internet for such attacks, there has not been a lot of discussion about the character and fitness issues raised.

Therefore, the AALS Section on Women in Legal Education will be presenting a panel at the AALS Annual Meeting in New Orleans examining the issues raised – including the character and fitness issues – when law students, lawyers, judges, or potential law students use the internet to make gendered or racist comments. If a student posts on her Myspace page that Professor John Doe, who teaches Gender and Race and the Law, is an “ugly [insert racial slur] who only has a job due to affirmative action,” does that pose a character and fitness concern? Should we care?

There is a call for papers for this panel presentation, and anyone interested in submitting a paper or paper proposal is welcome to e-mail me for the details.

  July 9, 2009 at 6:29 pm   Posted in: Civil Rights, Conferences, Cyber Civil Rights, Feminism and Gender, First Amendment, Intellectual Property  Print This Post Print This Post   11 Comments

Misogynists at war?

posted by Kaimipono D. Wenger

Which factors might predict a country’s likelihood of going to war? Undemocratic government? Widespread poverty? Dare we ask — Islamic religious values?

According to a provocative new study from Valerie Hudson and WomanStats, there is another factor more closely correlated with national belligerence than any of the above: A country’s levels of violence against women. As summarized in the Deseret News:

Look closely at the way women are treated, says Valerie Hudson. Look at the nonchalance with which a nation’s men beat their wives, or the dismissive way a country condones genital mutilation. These are clues, she says, about that nation’s likelihood of waging war. . . .

It has been widely assumed that other factors are more predictive of whether a nation might be unstable or aggressive. The three most likely candidates were poverty levels, lack of democracy, and the nation’s adherence to Islamic values.

But the WomanStats project offers a fourth predictor of a nation’s instability. Violence against women (VAW, in the shorthand of WomanStats) trumps the other explanations, proving to be three times more predictive of a nation’s instability than whether a country is Islamic, and one-and-a-half times more predictive than whether a country is undemocratic, Hudson says.

Read the rest of this post »

  June 16, 2009 at 12:01 pm  Tags: Culture, feminism, gender, social science, war, women's rights  Posted in: Current Events, Feminism and Gender  Print This Post Print This Post   2 Comments

Indicating Gender — Status

posted by Naomi Cahn

This post is prompted by Jaya Ramji-Nogales’s discussion of the recent OECD Social Institutions and Gender Index. In her very thoughtful post – with which I entirely agree — she discusses the problems of “empirically measuring and ranking intangible phenomena such as social norms,” And she notes that the OECD publication was not entirely successful.But at least it tried.

In conjunction with a recent conference on state security in Norway, I examined six reports on state weakness to determine their approach to the use of gender equality as an indicator of state fragility or failure. These six reports were issued between 2005-2008 by highly influential U.S. foreign policy institutions, including private and public agencies, and one of them was co-authored by Susan Rice (before she became our Ambassador to the UN). While measures of gender equity are included in other assessments, such as the OECD’s index, the UNDP’s Human Development Report , or Freedom House’s evaluation of global freedom, this simply shows the integration of gender into development or civil liberties markers; these assessments are not self-conscious analyses of state security and fragility, unlike the 6 reports I examined. Apart from the USAID report, the other 5 reports did not use gender as an assessment tool.

Indicators and assessment tools can be important components in establishing state policies and practices towards developing countries. Consequently, the components that comprise each of these evaluative efforts are signs of what is considered critical to ensuring state stability. Donor agencies are increasingly using various indicators to help them evaluate country performance in order to ensure that their resources will be used most efficiently and effectively. While indicators are imperfect – they are subject to errors in measurement, and they take thin slices of complex issues — they are useful, within these limitations, for providing broad-brush pictures of a country’s status. But not if they don’t include gender at all. Gender equity provides a useful measurement of state security, as Fionnuala Ni Aolain, Dina Haynes, and I argue in our forthcoming book. Nonetheless, its significance is virtually unrecognized in numerous evaluations of state fragility, thereby leading to the risk that gender will remain unrecognized in efforts to promote state stability.

  May 23, 2009 at 7:10 pm  Tags: gender, state fragility  Posted in: Feminism and Gender, International & Comparative Law  Print This Post Print This Post   One Comment

Prop 8 ruling to come down on Tuesday

posted by Kaimipono D. Wenger

From the court’s own website:

The California Supreme Court has announced that it will issue an opinion in three cases challenging the constitutionality of Proposition 8 at 10 a.m. on Tuesday, May 26, 2009.

I’ve previously blogged some analysis of the case. Like most other observers, I expect that the court will reject both the revision/amendment challenge and the fundamental rights challenge, but will not retroactively nullify the 18,000 marriages that took place before November. That would be, in effect, a partial victory for both sides.

I guess we’ll find out one way or another this Tuesday.

  May 22, 2009 at 1:46 pm  Tags: california, proposition 8, same sex marriage  Posted in: Civil Rights, Constitutional Law, Current Events, Feminism and Gender  Print This Post Print This Post   One Comment

Measuring Gender Discrimination

posted by Jaya Ramji-Nogales

ruler1I’m normally a fan of the statistical reports produced by the OECD, so was surprised to find myself in disagreement with the methodology of their recently-created Social Institutions and Gender Index (SIGI). The idea behind SIGI is a good one — to get at the root of gender discrimination by examining traditions and social norms that impede women’s empowerment. To this end, SIGI assesses twelve variables in 102 non-OECD countries and then ranks these countries based on their “performance in social institutions.” The selection and evaluation problems with their study highlight the difficulty of empirically measuring and ranking intangible phenomena such as social norms.

Read the rest of this post »

  May 22, 2009 at 7:38 am   Posted in: Empirical Analysis of Law, Feminism and Gender  Print This Post Print This Post   One Comment

Change the Subject

posted by Naomi Cahn

The juxtaposition of the controversy over President Obama speaking at Notre Dame, a newly released Gallup poll finding that a majority of Americans are anti-choice, and a governmental report on the increasing rate of nonmarital childbearing highlights the challenges of reproductive rights in American life and politics. Abortion is an intrinsically divisive issue, and it has become a focal point for values conflict. What we really need to do is to change the subject, from abortion to contraception.

In previous posts, I’ve discussed the analysis of red families v. blue families I’m writing with Professor June Carbone. Reproductive issues – specifically abortion – retain their ability to rally the red paradigm base. Conservatives can’t stop talking about abortion; abortion is, in the words of one political commentator, “their meal ticket.” It remains the family values issues least amenable to compromise. Indeed, the Gallup poll measuring abortion views found little change in the views of Democrats. Instead, the increase in pro-life attitudes comes from those who identify as conservatives and moderates. Read the rest of this post »

  May 18, 2009 at 3:24 pm  Tags: Add new tag  Posted in: Feminism and Gender  Print This Post Print This Post   No Comments

After Craigslist, Seeking Arrangements?

posted by Frank Pasquale

Attorney generals have been pressuring Craigslist to eliminate “ads that are poorly disguised come-ons for illegal prostitution.” One key question about the campaign: is the prostitution or the “poor disguising” of it the target? The free pass given to Seeking Arrangements suggests the latter–and how difficult it is to limit commodification nowadays.

According to Ruth Padawer’s excellent profile of Seeking Arrangements, the deals brokered by “sugar daddies” and “sugar babies” on the site are complicated:

[S]ince the 1970s, courts have ruled that as long as the woman is paid for some service besides sex — housecleaning, companionship — the arrangement is not the equivalent of prostitution. “When these sugar-daddy relationships go the way I think they should go, the lines are pretty blurry between that and a typical boyfriend-girlfriend relationship,” [one woman on the site] said. “And when they go the way I don’t think they should go, the lines are blurry between that and sex work.”

One image on the site features a dazed, graying man doted on by two barely clad attendants . . . . But this marketing spin doesn’t capture the nuances of the relationships that often develop between the “daddies” and the “babies” who meet on the site — relationships that can turn out to be more complicated than even the members themselves expect.

Padawer notes that “these men — especially those shopping for women half their age — are digging deep into their pockets to pay for an illusion: that . .. they’re still enchanting enough to charm pretty young women.” It’s a description/judgment that might well undercut the appeal of such sites if it becomes prevalent enough (though the decadent spirit has always preferred simulation over the real thing).

The law appears to have chosen to fight only the straight-up trade of sex for money. The battle against sites like Seeking Arrangements will probably have to be a cultural one.

  May 15, 2009 at 7:05 am   Posted in: Economic Analysis of Law, Family Law, Feminism and Gender  Print This Post Print This Post   No Comments

Braking Away

posted by Naomi Cahn

One of the benefits of being at GW is that I get to talk to Dan Solove in person. When I saw him on Wednesday, he reminded me that blogging doesn’t always have to be about my past books or future projects. Thanks, Dan!Traffic Sign

Depending on where you live, today or tomorrow is “Bike to Work” Day.  Bicycles have been around the US since at least 1866, when Pierre Lallement received patent no. 59,915 for a velocipede.  I’ve been an avid year-round bike commuter for 8 years now (aside from my 2 years in Kinshasa, Congo, when I couldn’t walk around the block without an escort), and, like most zealots, I like to proselytize. Now that I’ve converted to a bike commuter, I extol the economic and environmental benefits of riding:  bicycles don’t use any fossil fuels to get you from one place to another; an 8-mile bicycle trip keeps out about 15 pounds of pollutants from the air we are breathing; and somewhere between 6-20 bikes can be parked in one car parking space (mine is parked as a piece of art in my office).  Just as importantly, however, bike commuting is really fun. It is fast: even at my pace on the bike of 10-15 mph, I breeze right past people in cars. And it’s wonderful for my mental health. One of my friends interviewed me for a story she wrote for Good Housekeeping magazine (!) about how people find serenity. I told her I find serenity through writing articles and blog posts, but she wasn’t convinced; not until I told her about my bike commuting did she put pen to paper. So, as one corporate sports giant might say, Just do it!

  May 14, 2009 at 7:00 am  Tags: Add new tag  Posted in: Environmental Law, Feminism and Gender, Technology  Print This Post Print This Post   2 Comments

What’s in a Name, Part 2: Consider “half-siblings”

posted by Naomi Cahn

Ryan Kramer graduated from Colorado University’s aerospace engineering program on Friday, a program that is so tough that only about 50% of those who begin ultimately finish it.  Before he starts his master’s degree in engineering management  at USC this fall, one of his big summer plans is to meet two of his half-siblings; he has at least five others.

I’ve met Ryan once, and was incredibly impressed with him – I’m not surprised that he was able to complete his competitive college program nor that he is seeking out half-siblings and the man who anonymously provided the sperm that enabled Ryan to exist.  Ryan and I met at a conference on establishing a national donor gamete databank. Ryan and his mother, Wendy Kramer, have started the enormously successful Donor Sibling Registry, which is now responsible for connecting more than 6000 people with others who share some of the same genetic origins (disclosure: I have just become a board member of the DSR).

Donor-conceived offspring often – although not always – regret their lack of connection with their entire biological heritage. They want to know more about the often anonymous individual[s] who helped create them. As the secrecy around using “donor” sperm and eggs dissolves – in the past, parents frequently did not tell their children that they had been created by donor gametes — offspring and their parents are increasingly trying to get additional information and are advocating for disclosure of “donor” identities. Many have begun to use the internet to create an extended family that includes others who have used the same donor. Almost 150,000 people visited the DSR website in 2008, and more than 24,000 people have registered on it. It maintains an extremely active blog and message group.

The language in the donor world shows how these families are constructed. Offspring who share the same donor are typically labelled “half-siblings.  “Accidental incest” is a concern.   The word “donor” is itself a misnomer; gametes are typically sold rather than provided altrustically.   Read the rest of this post »

  May 10, 2009 at 2:30 pm   Posted in: Bioethics, Family Law, Feminism and Gender  Print This Post Print This Post   2 Comments

Judging Motherhood

posted by Jaya Ramji-Nogales

milk-bottle1Sarah Waldeck’s recent post on the consequentialist rationale for publicizing breast-feeding’s benefits for mothers was right on the mark; breast-feeding can be challenging in the best of circumstances, so those who believe that “breast is best” should appeal to women’s self-interest rather than or as well as their noble sense of self-sacrifice.  In addition to the argument she lays out, there’s also expressivist value in changing the way we speak about, and thus perceive, breast-feeding. 

The discourse of breast-feeding has long been about everything but the mother; women who wanted to breast-feed were once told that they shouldn’t do so because formula was better for their child, now mothers are told that they must breast-feed because of all of the benefits for their child — higher IQ, less risk of obesity, diabetes, ear infections — you name it.  Inundated by these questionable claims during my pre-natal classes, I wondered how studies could possibly control for factors such as the socio-economic background of the mother.  It turns out they can’t, as Hanna Rosin explained in The Atlantic last month (in an article Sarah posted on here).  As Toto pulls open the curtain on its lack of empirical grounding, the breastfeeding orthodoxy is revealed as a stunningly paternalistic judgment on motherhood and women’s agency.

Read the rest of this post »

  May 8, 2009 at 1:03 pm   Posted in: Feminism and Gender  Print This Post Print This Post   5 Comments

Our Newest Ambassador

posted by Naomi Cahn

I wasn’t going to say anything about Bristol Palin’s new job, but then a friend sent me a column in today’s New York Timesabout Ms. Palin. In case you missed this news item, Ms. Palin (18 and nonmarital mother of baby Tripp) has become a teen ambassador for the Candie’s Foundation, which is supposed to educate us about how we can fight teen pregnancy. To market its message, the Foundation is selling tank tops for $15 with the slogan, “I’m Sexy enough . . . to keep you waiting.” (Disclosure: I should note that I tottered around in my 3-inch Candie’s high heel shoes several decades ago, but have given them up for shoes from The Walking Company.)

The overall message from the website is that teens should wait. On its webpage, “Tips for Teens,” the Foundation asks, “What should you know?” and then replies:

Did you know that over 90% of teens believe that it’s important that they get a strong message about waiting to have sex? In fact, 60% of teens who have had sex wish they had waited longer and 75% don’t see anything embarrassing about admitting that they’re virgins. Clearly, teens in the 21st century are recognizing merit in putting off sex and the consequences – both physical and emotional – that are attached to sex.

I think encouraging teen abstinence is incredibly important, even more so now that my younger daughter has just joined the ranks of teen-agers. But I think it is even more important not to let encouraging abstinence get in the way of discouraging pregnancy. The U.S. has the highest rates of teen pregnancy in the developed work — three in ten women will experience pregnancy before the age of 20, a very scary statistic. And those rates are almost certainly higher than they need be because of the energy we devote to encouraging abstinence. As Ms. Palin so clearly, vividly, and painfully shows, abstinence is not realistic.

June Carbone and I have observed that there is no evidence that abstinence-only education in fact makes abstinence until marriage more likely, or produces a decline in either teen or non-marital births.

Read the rest of this post »

  May 7, 2009 at 10:24 am  Tags: Add new tag  Posted in: Feminism and Gender  Print This Post Print This Post   One Comment

Red, Blue, and Lavender Marriage

posted by Naomi Cahn

While it may be too early to uncork the champagne bottle to celebrate the legality of gay marriage in New Hampshire and the District of Columbia, it is certainly not premature to buy some champagne, nor to celebrate the changing approach to gay marriage. On Tuesday (May 5), Maine’s House of Representatives voted out a bill that legalizes same-sex marriage in the state, sending it to the governor for signature; and on Wednesday, the governor signed it; New Hampshire’s legislature is considering a similar bill; and on Tuesday, the D.C. City Council also voted - 12-1, with former Mayor Marion Barry casting the dissenting vote – to recognize gay marriages performed in other jurisdictions (my colleague, Mary Cheh, and a City Council member, was in the majority).  The Mayor has indicated he will sign the bill but, given D.C.’s peculiar Home Rule status, Congress has 30 days to review the legislation. Gay marriage is already legal in Massachusetts, Connecticut, Iowa, and Vermont, and New York, where the governor has introduced similar legislation, recognizes gay marriages performed elsewhere.

As June Carbone and I have written in Red Families v. Blue Families (Oxford University Press, forthcoming), it is no surprise that all of the states to legalize same-sex marriage are blue. We have suggested that the new information economy is transforming the family, and has resulted in the development of two different family paradigms: red and blue. Those who live the “blue family” paradigm – they tend to marry later and have children later at an age when both partners reach emotional maturity and financial independence — are reaping handsome rewards.

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  May 6, 2009 at 12:48 pm   Posted in: Family Law, Feminism and Gender  Print This Post Print This Post   No Comments

What’s in a Name? Consider “Embryos”

posted by Naomi Cahn

Dan first asked me to blog a few months ago, around the time my book, Test Tube Families: Why the Fertility Market Needs Legal Regulation, was hitting the market. Since then, we’ve had Nadya Suleman’s octuplets, President Obama’s lifting of the federal stem cell research ban (although this may only apply to embryos resulting from fertility efforts), and proposed new legislation in Georgia that would allow for embryos to be “adopted.” These events in reproductive technology are neither as newsworthy nor as profoundly disturbing as the torture memos or bailing out Wall Street — or, potentially, as swine flu. They are, nonetheless, critical to the cultural conflict over abortion, family formation, and gender roles.

Consider the proposed Georgia law, and almost copycat-like, legislation in Tennesse. The “Option of Adoption Act” is a Georgia bill that is now sitting on the desk of Ga.. Governor Sonny Perdue. This is the same Republican governor who filed his own brief in Northwest Austin Municipal Utility District v. Holder (the Voting Rights Case that the Supreme Court heard last week), arguing – among other things — that electing a black president indicates no further need for the type of scrutiny Georgia receives under Section 5; the Georgia attorney general had, apparently, refused to file such a brief. Anyway, the Option of Adoption Act, which was introduced in the Georgia legislature by an anti-abortion state representative, sets out methods through which people who create an embryo (when someone undergoes a cycle of in vitro fertilization, there are often embryos left over that ) can donate any leftovers to someone else. There may be up to half a million frozen embryos in the United States, although many of them are incapable of becoming viable fetuses. In Georgia, if the legislation becomes law, the recipients of any embryo transfer can then choose to petition a court for recognition that they are the legal parents of any child born to them.

.One of the bill’s advocates, Daniel Becker, the President of Georgia Right to Life, trumpeted that, “’This bill is monumental in that it establishes the adoption of embryos as children for adoption purposes.’” Indeed, there have even been claims that an embryo exchange should be the basis for eligibility under the federal adoption tax credit. As Sarah Lawsky and I painstaking show in Embryo Exchanges and Adoption Tax Credits, use of someone else’s embryo is not an adoption. Calling embryos “children” is problematic for a number of reasons.

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  May 4, 2009 at 7:00 am   Posted in: Bioethics, Family Law, Feminism and Gender  Print This Post Print This Post   8 Comments

Best for Whom?

posted by Sarah Waldeck

As an aside, I recently suggested that breast-feeding advocates organize a public information campaign about how breast-feeding can promote weight loss. An article from last week’s New York Times reminds me that such a campaign could point to other potential benefits as well. A recent study of 139,681 women enrolled in the Women’s Health Initiative showed that:

Women who reported a lifetime history of more than a year of breast-feeding were 20 percent less likely to have diabetes, 12 percent less likely to have hypertension, 19 percent less likely to have high cholesterol and 9 percent less likely to have had a heart attack or a stroke by the time they enrolled in the Women’s Health Initiative.

The word “potential” is important. The Women’s Health Initiative study showed an association between breast-feeding and reduced risk; it did not demonstrate a causal relationship. The study was not able to account for all differences in the lives of women who breast-fed and women who didn’t. In this regard, the study suffers from the same deficiencies as those that attempt to evaluate the effect that breast-feeding has on babies. Researchers cannot account for all the differences in the lives of children who are breast-fed and children who are not.

The idea that breastfeeding is beneficial for women is not new. For example, the association between breast-feeding and lower risks of breast cancer, ovarian cancer, and osteoporosis have been known for some time.

All of this brings me to back to the question of why public health organizations that are eager to promote breast-feeding don’t focus more on the potential benefits for women. I suspect that it has something to do with an overly-simplistic take on the maternal mind: mothers want to do what is best for their children, period. The reality, however, is that most maternal decisions involve trade-offs between what is best for the mother and what is best for the child.

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  April 28, 2009 at 6:15 pm   Posted in: Feminism and Gender  Print This Post Print This Post   2 Comments


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