Reproductive Rights Prof Blog

Martha Fineman on Masculinities Scholarship and Feminist Legal Theory

Martha Fineman (Emory Univ. School of Law) has posted Feminism, Masculinities, and Multiple Identities on SSRN. Here is the abstract:

Masculinities scholarship could be seen as distinct from and complementary to feminist theory — an independent and parallel companion theory, developed by men. In this regard, from a feminist’s perspective masculinities scholarship might be thought of as ethnography, helpfully providing insights into the operations and assumptions of a distinct masculine culture. This approach would seem to validate the notion that there are significant differences between men’s and women’s experiences and perspectives, and consideration of both is necessary to form a complete legal theory picture. Feminist legal theory and masculinities theory are thus seen as both contrasting and complementary in nature.

On the other hand, masculinities scholarship can be understood as providing the basis for a critique of feminist legal theory. This approach begins with the allegation that feminist legal theory generally and incorrectly treats men as a monolithic group when there is in fact a multiplicity of male identities. Masculinities scholarship, in this framing, could be categorized as the male-focused companion to critiques that have been made over the past thirty years that feminist legal theory is excluding and essentializing. It is this understanding of the significance of masculinities to feminist legal theory that prompted this Essay.

Former Surgeon General C. Everett Koop Dies at 96

In the 1980s, President Reagan -- under pressure from anti-choice activists -- directed C. Everett Koop to review the research on abortion and report back about the health effects of the procedure.  Although personally opposed to abortion, Koop refused to issue the report, finding that there was no credible evidence that abortion caused women either physical or mental harm.  Unfortunately, anti-choice activists continue to perpetuate the myth that abortion causes lasting emotional trauma and to push for laws that require doctors to pass along this misinformation to women.

See: The Guttmacher Institute: Abortion and Mental Health: Myths and Realities

The New York Times: C. Everett Koop, Forceful U.S. Surgeon General, Dies at 96, by Holcomb B. Noble:

Dr. C. Everett Koop, who was widely regarded as the most influential surgeon general in American history and played a crucial role in changing public attitudes about smoking, died on Monday at his home in Hanover, N.H. He was 96. . . .

Dr. Koop was completing a successful career as a pioneer in pediatric surgery when he was nominated for surgeon general, having caught the attention of conservatives with a series of seminars, films and books in collaboration with the theologian Francis Schaeffer that expressed anti-abortion views. . . .

Ronald Dworkin Dies at 81

The New York Times: Ronald Dworkin, Legal Philosopher, Dies at 81, by Adam Liptak:

Ronald Dworkin, a legal philosopher and public intellectual of bracingly liberal views who insisted that morality is the touchstone of constitutional interpretation, died Thursday in London. He was 81. . . .

Professor Dworkin’s most influential book was “Law’s Empire,” on the nature and role of adjudication. It was among the most-cited books on law of the last century. He also wrote “Life’s Dominion,” on abortion, euthanasia and the questions they raise . . . .

Center for Reproductive Rights: Director of Government Relations Search

Center for Reproductive Rights:

Director of Government Relations, Washington, DC

11.28.12 - Job Title: Director of Government Relations

Department: Government Relations (based in Washington, DC)

Job Posted On: Wednesday, November 28, 2012

Click here for detailed job description.

Thanks To My Spring Research Assistants!

Thank you to my fabulous research assistants for their invaluable help with this blog during spring semester 2012:

Philip Grommet (3L), Beth Shyken (2L), and Olivia Carrano (2L)

PPNYC Announces Fifth Annual "Roe on the Rocks" Benefit

Via Planned Parenthood of New York City:

PRESS CONTACT:  Mel Gagarin
(212) 274-7294/mel.gagarin@ppnyc.org
 
ASOBI SEKSU, NORTH HIGHLANDS, LITTLE,BIG, AND SARA BENINCASA PLAY FIFTH ANNUAL ROE ON THE ROCKS BENEFIT FOR PLANNED PARENTHOOD OF NEW YORK CITY
 
Our Access to Basic Health Care Is Under Attack. We Have a Say.
Stand with Planned Parenthood and Fight Back.
 
New York, NY – This April 16th, 2012, at a time when our right to basic health care is under attack, New York dream pop band, Asobi Seksu, along with special guests North Highlands and Little,Big, will play the fifth annual Roe on the Rocks benefit concert at The Highline Ballroom. Award-winning comedian and writer, Sara Benincasa, will be the evening’s emcee.  All proceeds from the event will go to Planned Parenthood of New York City.
 
The Roe on the Rocks concert is held every year to recognize Roe v Wade, the historic Supreme Court Case which 39 years ago confirmed women’s right to privacy and thus access to abortion services.  The show couldn’t come at a more important time – amidst the worst attacks on not just reproductive rights but access to basic health care. Past acts have included Regina Spektor, Thao with The Get Down Stay Down, Clap Your Hands Say Yeah and (others).
 
What:   5th Annual Roe on the Rocks Benefit Concert for Planned Parenthood of New York City
 
Who:    Asobi Seksu
            Sara Benincasa
            North Highlands
            Little,Big
            Planned Parenthood of New York City
 
Where:   Highline Ballroom, NYC
              431 W 16th St, between 9th and 10th Avenue
              New York, NY 10011
 
When:    April 16th, 2012
              Doors open at 7:00pm
 
Tickets:    General Admission: $25
                VIP: $75
              
For event information, please contact Stephanie Demmons stephanie.demmons@ppnyc.org

Research Shows That Women Pay More Than Men For Health Insurance

The New York Times: Gender Gap Persists in Cost of Health Insurance, by Robert Pear:

Women still pay more than men for the same health insurance coverage, according to new research and data from online brokers.

The new health care law will prohibit such “gender rating,” starting in 2014. But gaps persist in most states, with no evidence that insurers have taken steps to reduce them.

For a popular Blue Cross Blue Shield plan in Chicago, a 30-year-old woman pays $375 a month, which is 31 percent more than what a man of the same age pays for the same coverage, according to eHealthInsurance.com, a leading online source of health insurance. . . .

Thanks to my research assistants!

 

 

 

 

Many thanks to CUNY Law students Beth Shyken (2L) and Phillip Grommet (3L) for their excellent work researching for this blog in 2011!

Press Release: International Commission Rules U.S. Denied Justice to Domestic Violence Survivor

Landmark Human Rights Case Finds that Failure to Enforce a Restraining Order and Indifference to Domestic Violence Led to Daughters’ Deaths:

WASHINGTON, D.C. – In a landmark decision, an international tribunal has found the U.S. government responsible for human rights violations against a Colorado woman and her three deceased children who were victims of domestic violence.

Jessica Lenahan (Gonzales) v. United States is the first case brought by a domestic violence survivor against the U.S. before an international human rights body, the Inter-American Commission on Human Rights (IACHR). The IACHR ruling also sets forth comprehensive recommendations for changes to U.S. law and policy pertaining to domestic violence.

The case concerns a tragic 1999 incident in which police in Castle Rock, Colorado failed to respond to Jessica Lenahan’s repeated calls for help after her estranged husband, Simon Gonzales, kidnapped their three young children in violation of a domestic violence restraining order. Ten hours after Lenahan’s first call to the police, her husband drove up to the Castle Rock Police Department and began firing his gun at the police station. The police returned fire, killing Gonzales. Inside the truck, the police found the bodies of the three girls – Rebecca, Katheryn, and Leslie – who had been shot dead. Local authorities failed to conduct a proper investigation into the children’s deaths, resulting in questions about the cause, time, and place of their deaths that remain to this day.

“I have waited 12 years for justice, knowing in my heart that police inaction led to the tragic and untimely deaths of my three young daughters,” said Lenahan. “Today’s decision tells the world that the government violated my human rights by failing to protect me and my children from domestic violence.”

Lenahan is represented by the Human Rights Clinic at the University of Miami School of Law, the Columbia Law School Human Rights Clinic and the American Civil Liberties Union.

“The commission’s determination that the United States violated Ms. Lenahan’s and her children’s human rights by failing to ensure their protection from domestic violence has far-reaching implications,” said Professor Caroline Bettinger-Lopez, director of the Human Rights Clinic at the University of Miami School of Law. “As our country seeks to promote human rights of women and children around the world, we must also look at our own record here at home.”

The commission’s decision stands in stark contrast to the U.S. Supreme Court’s decision in Town of Castle Rock v. Jessica Gonzales (2005), where the justices ruled that Lenahan (then Gonzales) had no constitutional right to police protection, and that the failure of the police to enforce Lenahan's order of protection was not unconstitutional. Lenahan then filed a petition against the U.S. before the IACHR, alleging violations of international human rights.

“Now that the commission has appropriately found the police and the United States responsible for their appalling lack of action, it is critical that they be held accountable,” said Lenora Lapidus, director of the ACLU Women’s Rights Project. “We can no longer accept police departments' failure to treat domestic violence seriously and to regard it as simply a private matter unworthy of serious police attention.”

Established in 1959, the Inter-American Commission on Human Rights is charged with promoting the observance of and respect for human rights throughout the Americas. The commission is expressly authorized to examine allegations of human rights violations by all 35 member-states of the Organization of American States, which includes the United States, and to investigate specific allegations of violations of Inter-American human rights treaties, declarations and other legal instruments.

"We know that the issue of violence against women is one that the Obama Administration cares deeply about,” said Peter Rosenblum, director of the Columbia Law School Human Rights Clinic. “We encourage the Administration to work with the appropriate state and local officials to address and adapt the Commission’s recommendations in a meaningful way."

More information on the case can be found at:

http://www.aclu.org/human-rights-womens-rights/jessica-gonzales-v-usa; http://www.law.miami.edu/hrc/hrc_gonzalez_usa.php;                      http://www.law.columbia.edu/human-rights-institute/initiatives/interamerican/gonzales

PPNYC Fundraiser: July 25th

Planned Parenthood of New York City announces Seventh Annual “Summer, Sex and Spirits” Benefit at Hudson Terrace Features Burlesque Performances, Open Bar, Entertainment by Mistress B, Silent Auction and more: 

She helped create some of New York City’s most infamous club nights over the past decade and a half, and now the legendary DJ Justine D, along with her longtime friend DJ Ayres, have joined forces with Planned Parenthood of New York City – spinning music at the organization’s seventh annual “Summer, Sex & Spirits” Fundraiser. . . .

Thanks To My Summer Research Assistants!

Now that Labor Day has come and gone, it's time to say THANKS to my fabulous research assistants, CUNY Law students AMY HAGER ('11) and JENN FEELEY ('12), for their work this summer researching issues for this blog.

In Memoriam: Mary Anne Warren

Via Leiter Reports: A Philosophy Blog:

In Memorian: Mary Anne Warren (1946-2010)

A feminist philosopher, Professor Warren taught for many years at San Francisco State University, and was especially well-known for widely anthologized and discussed work in bioethics, especially on abortion.

See also: What Sorts of People: David Lee Hull and Mary Anne Warren

Gov. Paterson Signs No-Fault Divorce Bill for New York

NY Times: Paterson Signs No-Fault Divorce Bill:

Gov. David A. Paterson signed into law a package of bills on divorce on Sunday, including one making New York one of the last states to allow couples to dissolve marriages by mutual consent.

The no-fault divorce bill allows a couple to dissolve the marriage by mutual consent and without requiring one spouse to accuse the other of adultery, cruelty, imprisonment or abandonment. It also allows one spouse to divorce the other unilaterally.

Supporters said the bill would end an epidemic of institutionalized perjury in divorce courts, with some spouses said to falsely testify to wrongdoing to get a divorce. Opponents, including the Roman Catholic Church, said the no-fault measure would lead to higher divorce rates. . . .

New York on Brink of Becoming Last State to Adopt No-Fault Divorce

Wall St. Journal: Breaking Up Is Hard to Do, by Ilyon Woo:

False confessions, graphic testimony, framed spouses and 'unknown blondes': a history of the difficulty in getting divorced, and how it could now change

In 1961, as cheap, fast Mexican divorces became popular, Marilyn Monroe traveled to Ciudad Juarez to file for divorce from playwright Arthur Miller (above, in happier days).

Unhappy couples in New York have long gone to extremes to throw off the shackles of matrimony—in the worst cases, framing their spouses, producing graphic testimony about affairs, or even confessing to crimes they did not commit. All this will fade into the past if, as expected, Gov. David Paterson signs a bill making New York the last state in the country to adopt unilateral no-fault divorce. . . .

Columnist Argues Mortgage Companies Should Discriminate, Even Against Those on Parental Leave, to Limit Risk

The Atlantic: Mortgage Companies Should Discriminate, by Daniel Indiviglio:

Lately, there have been several news stories chastising mortgage companies for taking new measures to discriminate among borrowers. Fannie Mae was the target of a few of these criticisms, for doing things like forbidding to back new loans from a strategic defaulters for seven years and from homeowners that have second liens from solar panel loans. In the New York Times Tuesday, there was another article meant to spark outrage among readers: some mortgage companies are making it more difficult for pregnant women to get mortgages. Instead of dismay, however, my reaction was relief.

All measures underwriters use to discriminate among applicants aim at the same end -- to limit the risk for providing a loan. So let's take Times example to consider whether or not it's a fair practice, since it might appear particularly egregious. The news probably evoked rage among many readers because society reveres pregnant women -- as it should. But although their decision to have a child is a wonderful thing, their state must be considered in a risk context by a loan underwriter. . . . 

Note to Readers

Apologies for the unintended hiatus while I have been on vacation.  I lost internet access and was unable to update the blog over the past week.

-CEB

Officials Warn that World Cup Puts Women at Risk of Violence

Salon.com: The World Cup of domestic abuse, by Tracy Clark-Flory:

Officials warn women that the games put them at risk for violence

As the World Cup kicks off, and booze and emotions begin to flow freely, U.K. officials are worried that women are at serious risk. Make all the jokes you want about men and their sports, especially English men and their football, but the Association of Chief Police Officers (ACPO) has launched an awareness-raising campaign to prevent domestic violence during the games. 

In 2006, there was a 25 percent average increase in domestic violence reports when England had matches; and the day England was eliminated, that number rose to 30 percent, according to the U.K.'s Home Office. . . .

Peter Singer on the Moral Calculus Underlying Procreation

NY Times Opinionator: Should This Be the Last Generation?, by Peter Singer:

Have you ever thought about whether to have a child? If so, what factors entered into your decision? Was it whether having children would be good for you, your partner and others close to the possible child, such as children you may already have, or perhaps your parents? For most people contemplating reproduction, those are the dominant questions. Some may also think about the desirability of adding to the strain that the nearly seven billion people already here are putting on our planet’s environment. But very few ask whether coming into existence is a good thing for the child itself. Most of those who consider that question probably do so because they have some reason to fear that the child’s life would be especially difficult — for example, if they have a family history of a devastating illness, physical or mental, that cannot yet be detected prenatally.

All this suggests that we think it is wrong to bring into the world a child whose prospects for a happy, healthy life are poor, but we don’t usually think the fact that a child is likely to have a happy, healthy life is a reason for bringing the child into existence. This has come to be known among philosophers as “the asymmetry” and it is not easy to justify. . . .

Young Reproductive Justice Activists Respond to Accusations of Complacency

Newsweek: Remember Roe? Young Activists Say They Never Forgot!, by Kate Dailey:

Sarah Kliff's article describing the graying of the abortion-rights movement has started a really smart, useful online discussion about the status of that movement. The piece, which published exclusive NARAL data about the opinions of young Americans regarding abortion, decried what NARAL leaders saw as both a decline in pro-abortion-rights sentiment and an absence of leadership among younger women. . . .

. . . NOW’s Erin Matson, who started an online petition to demand that NEWSWEEK interview younger pro-choice leaders, wrote that she  "shaking with anger." For while NARAL and other more established pro-choice groups may be headed by the so-called menopausal militia, there are still plenty of younger women involved with the cause. And to them, the oft-repeated meme that the movement lives and dies with boomers has them speaking out, once more, imploring to be heard and demanding to be counted. . . .

Feministing.com: The Pro-Choice Movement would fail without young women, by Jessica Valenti:

It would be bad enough if this sentiment was only repeated by the media - but it's one we've heard again and again from pro-choice leadership as well. That young women are apathetic, we take our rights "for granted," that we don't know how good we've got it. Well I'm sorry - but who do you think has been making your photocopies and volunteering and organizing for these big organizations all of these years?

The work of the mainstream pro-choice movement is built on younger women's labor - unpaid and underpaid - who do the majority of the grunt work but who are rarely recognized. And I don't know about you - but I'm sick of working so hard on behalf of a movement that continues to insist that we don't exist. . . .

Fair and Feminist: Dear Newsweek: Please interview some YOUNG FEMINISTS for your story about US!:

Newsweek published a story by Sarah Kliff about how young women and young feminists don’t care about reproductive rights. They interviewed  several young feminist activists NARAL president Nancy Keenan and offered a summary judgment that young women and young feminists aren’t interested in protecting reproductive rights.

Some awesome excerpts:

“Keenan considers herself part of the “postmenopausal militia,” a generation of baby-boomer activists now well into their 50s who grew up in an era of backroom abortions and fought passionately for legalization. Today they still run the major abortion-rights groups, including NARAL, Planned Parenthood, and the National Organization for Women.”

First of all, this is a huge problem right there–that young feminists are kept out of leadership in large organizations, and then are criticized for lack of involvement. Hmmm. . . .

Click here for the original Newsweek story.

What the Health Care Overhaul Means to You

The Washington Post offers an interactive on-line tool to help answer: What Does the Health Care Bill Mean to Me?

The health-care overhaul will change the way millions of Americans get health insurance and require nearly everyone to have health insurance or face penalties. A number of factors - including income, age, location and family size - will determine how it specifically impacts your life. This tool looks at what it could mean for your health coverage and taxes based on your income, family size and current insurance status.