Paternalism is so fabulous – it’s valid history and we shouldn’t pretend it didn’t happen, but couldn’t we acknowledge how repugnant these thoughts are?
Regina v. Prince, L.R. 2 Cr. Cas. Res. 154 (1875) Defendant convicted of taking unmarried girl under 16 yrs out of possession and against will of father; 14 yr old girl told D she was 18 yrs and D’s belief she was over 16 yrs both honest and reasonable
White v. State, 44 Ohio App. 331, 185 N.E. 64 (1933) D convicted of violating statute providing that whoever, being the husband of a pregnant woman, leaves with intent to abandon such pregnant woman shall be imprisoned.
People v. Olsen, 36 Cal. 3d 638, 685 P.2d 52 (1984) D’s good faith reasonable mistake that girl was over age of 14 yrs not a defense to charge of lewd or lascivious conduct with child under age of 14 yrs, where statute silent on issue. Cf. MPC § 213.6(1) (defense of reasonable mistake not available where criminality turns on child’s being below age of 10 yrs).
Dotterweich, Morisette & Staples to United States v. X-Citement Video, Inc., 513 U.S. 64 (1994): Should D be convicted of violating Protection of Children Against Sexual Exploitation Act for “knowingly” transporting in interstate commerce any visual depiction if … the depiction “involves the use of a minor engaging in sexually explicit conduct,” when he knew he was transporting the depiction, but did not know the person being depicted was a minor?
Thursday, April 20, 2006
Monday, April 17, 2006
No Time to Explore Women's Bodies in the Law
One of the things of particular interest to me is the feeling I get that so many of the issues we deal with in our classes revolve around controlling women’s bodies. I’ve heard about a law review article by Ann Althouse, The Lying Woman, The Devious Prostitute, and Other Stories from the Evidence Casebook, 88 NW U.L. Rev. 914, that is supposed to be relevant to this interest of mine. I just looked it up and it would have to be 84 pages long.
But I’ll read it when I somehow find the time, just like when I somehow find the time, I’ll find out who exactly I’m supposed to ask about the possibility of getting funding to go to a conference in the UK: Up against the nation-states of feminist legal theory.
They law school sort of tears away at the soul and is draining in so many ways, and I fight against it, but it’s a beautiful day and I’m about to buckle down and study hard for three hours, then be bailiff for someone for a mock trial, and then go home, grab something to eat, maybe go grocery shopping and then buckle down till midnight, which is about the time that I just can’t seem to stay awake any longer. But more than the work, it’s the concept that some of the things you’re really interested and really want to do – there just doesn’t seem time for. I had this goal to read one law review article a month, but that hasn’t happened (outside of research for classes). And you feel it sometimes, the requirement to understand how things are viewed, the logic used, sometimes you see it infiltrating your feminists concepts or other social justice thoughts, and it’s tough sometimes to remember that just because the legal system has this foundation in patriarchy and ensuring that power remains distributed in a way where the haves get more and the have nots expand their numbers, doesn’t mean that’s the way it has to be. I just remind myself that it’s part of the process.
But I’ll read it when I somehow find the time, just like when I somehow find the time, I’ll find out who exactly I’m supposed to ask about the possibility of getting funding to go to a conference in the UK: Up against the nation-states of feminist legal theory.
They law school sort of tears away at the soul and is draining in so many ways, and I fight against it, but it’s a beautiful day and I’m about to buckle down and study hard for three hours, then be bailiff for someone for a mock trial, and then go home, grab something to eat, maybe go grocery shopping and then buckle down till midnight, which is about the time that I just can’t seem to stay awake any longer. But more than the work, it’s the concept that some of the things you’re really interested and really want to do – there just doesn’t seem time for. I had this goal to read one law review article a month, but that hasn’t happened (outside of research for classes). And you feel it sometimes, the requirement to understand how things are viewed, the logic used, sometimes you see it infiltrating your feminists concepts or other social justice thoughts, and it’s tough sometimes to remember that just because the legal system has this foundation in patriarchy and ensuring that power remains distributed in a way where the haves get more and the have nots expand their numbers, doesn’t mean that’s the way it has to be. I just remind myself that it’s part of the process.
Thursday, April 13, 2006
Law School is Not LIBERAL
I go to law school in one of those North American schools, in a city most would call progressive, but having briefly attended the undergrad and now being at the law school, let me say that it is not liberal. Moderate yes. Conservative, well I guess that depends on your definition, but the Federalist Society does have members.
Anyway, I'm at an Outlaws meeting (law school humor for the BLGT group) and someone makes a comment in that meeting about how we're at a liberal school (I, of course, mentioned that I disagree with that statement). Within minutes of that comment we're talking about the upcoming military visit and a comment gets made about how we don't want to protest because we don't want to alienate our military supporting allies. The talk continues about creating alliances with the military. To which I was said "Woa nelly! You may not want to alienate the military, but we sure don't need to become be falls with them. Not all of us support the military."
Anna* responded "You don't mean that, you mean you don't support the war, but you can still support the military."
"Um no, I mean I do not support the military. That's right, the people serving in this illegal war are doing so completely voluntary - remember we do not have a draft. Additionally, even if it is at the bequest of the administration, individual members of the military are the ones creating horrific human rights violations. I understand that there are all sorts of reason people go into the military (financial difficulties, looking for community, family tradition, etc.), but until they work on cleaning up their act (because let's not also forget how rampant violence against women is in the military), I will not be pro-military. And who know, given my pacifist tendencies, maybe not even then. Give me a department of piece, and maybe, just maybe I could get behind that. Maybe pay people billions of dollars to go and help other countries build water systems, treat disease, etc., now maybe that would make me pro-military. Until then, please don't speak for me."
Oh but wait the drama continues! Who would have ever thought that suggesting the LBGT Group on Campus have a rainbow flag at an event would be a controversial topic?! But alas it is - b/c we might not want to be too visible! Why - you're going to love this, because people who are in the closet may not feel comfortable approaching us. Yes that's write, because somehow if we don't put a gay flag up, people struggling with their sexuality will suddenly feel perfectly comfortable approaching our booth. What planet are these people living on? If your gay organization is afraid to admit is gay, the only thing you're going to do for the people struggling with their sexuality is make them feel like the UW is not a safe place to be out.
*All names fictional
Anyway, I'm at an Outlaws meeting (law school humor for the BLGT group) and someone makes a comment in that meeting about how we're at a liberal school (I, of course, mentioned that I disagree with that statement). Within minutes of that comment we're talking about the upcoming military visit and a comment gets made about how we don't want to protest because we don't want to alienate our military supporting allies. The talk continues about creating alliances with the military. To which I was said "Woa nelly! You may not want to alienate the military, but we sure don't need to become be falls with them. Not all of us support the military."
Anna* responded "You don't mean that, you mean you don't support the war, but you can still support the military."
"Um no, I mean I do not support the military. That's right, the people serving in this illegal war are doing so completely voluntary - remember we do not have a draft. Additionally, even if it is at the bequest of the administration, individual members of the military are the ones creating horrific human rights violations. I understand that there are all sorts of reason people go into the military (financial difficulties, looking for community, family tradition, etc.), but until they work on cleaning up their act (because let's not also forget how rampant violence against women is in the military), I will not be pro-military. And who know, given my pacifist tendencies, maybe not even then. Give me a department of piece, and maybe, just maybe I could get behind that. Maybe pay people billions of dollars to go and help other countries build water systems, treat disease, etc., now maybe that would make me pro-military. Until then, please don't speak for me."
Oh but wait the drama continues! Who would have ever thought that suggesting the LBGT Group on Campus have a rainbow flag at an event would be a controversial topic?! But alas it is - b/c we might not want to be too visible! Why - you're going to love this, because people who are in the closet may not feel comfortable approaching us. Yes that's write, because somehow if we don't put a gay flag up, people struggling with their sexuality will suddenly feel perfectly comfortable approaching our booth. What planet are these people living on? If your gay organization is afraid to admit is gay, the only thing you're going to do for the people struggling with their sexuality is make them feel like the UW is not a safe place to be out.
*All names fictional
Identity In Law Classes
There is an interesting thing about law school, you read all these cases about all these topic and some of the time, they relate to things that affect your real life, but the reality, the humanity of it seems to get lost in the academia. There is something to be said about trying to look at topics "intellectually" but when you're reading about cases about why to punish and you are required to read about how you're so 'deviant', 'immoral', etc. It is alienating to not acknowledge that these aren't arbitrary rules that affect some unknown other but philosophies and laws that affect real people.
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