메뉴 건너뛰기




Volumn 106, Issue 7, 1997, Pages 2215-2257

Feminism in Central and Eastern Europe: Risks and Possibilities of American Engagement

Author keywords

[No Author keywords available]

Indexed keywords


EID: 0346613493     PISSN: 00440094     EISSN: None     Source Type: Journal    
DOI: 10.2307/797168     Document Type: Review
Times cited : (15)

References (346)
  • 2
    • 84923716633 scopus 로고    scopus 로고
    • Id.
    • Id.
  • 3
    • 84923716632 scopus 로고    scopus 로고
    • Id. at 128
    • Id. at 128.
  • 4
    • 84923716623 scopus 로고    scopus 로고
    • Id. at 129
    • Id. at 129.
  • 5
    • 0346037948 scopus 로고
    • Female Legislators Still Losing Battle of the Sexes: Fewer Women Elected in Former Communist States
    • Aug. 28
    • See, e.g., Jurek Martin, Female Legislators Still Losing Battle of the Sexes: Fewer Women Elected in Former Communist States, FIN. TIMES, Aug. 28, 1995, at 12.
    • (1995) Fin. Times , pp. 12
    • Martin, J.1
  • 6
    • 85083203943 scopus 로고
    • See MARLIS ALLENDORF, WOMEN IN SOCIALIST SOCIETY 94-209 (1975) (describing government-sponsored efforts to bring about women's equality in socialist countries from 1947-75). But see Zuzana Kiczkova & Etela Farkasova, The Emancipation of Women: A Concept that Failed, in GENDER POLITICS AND POST-COMMUNISM 84-94 (Nanette Funk & Magda Mueller eds., 1993).
    • (1975) Women in Socialist Society , pp. 94-209
    • Allendorf, M.1
  • 7
    • 85083203943 scopus 로고
    • The Emancipation of Women: A Concept that Failed
    • Nanette Funk & Magda Mueller eds.
    • See MARLIS ALLENDORF, WOMEN IN SOCIALIST SOCIETY 94-209 (1975) (describing government-sponsored efforts to bring about women's equality in socialist countries from 1947-75). But see Zuzana Kiczkova & Etela Farkasova, The Emancipation of Women: A Concept that Failed, in GENDER POLITICS AND POST-COMMUNISM 84-94 (Nanette Funk & Magda Mueller eds., 1993).
    • (1993) Gender Politics and Post-communism , pp. 84-94
    • Kiczkova, Z.1    Farkasova, E.2
  • 8
    • 0346037923 scopus 로고
    • The Iron Curtain (Mar. 5, 1946)
    • David Cannadine ed.
    • Winston Churchill, The Iron Curtain (Mar. 5, 1946), in BLOOD, TOIL, TEARS AND SWEAT: THE SPEECHES OF WINSTON CHURCHILL 295, 303 (David Cannadine ed., 1989). The term "iron curtain" appears to have originated in 1918 and was used by the Nazis near the end of World War II. Churchill himself used it in a telegram to President Truman on May 12, 1945, just days after the defeat of Germany. See JOHN W. YOUNG, THE LONGMAN COMPANION TO COLD WAR AND DETENTE 1941-1991, at 291 (1993).
    • (1989) Blood, Toil, Tears and Sweat: The Speeches of Winston Churchill , pp. 295
    • Churchill, W.1
  • 9
    • 84923715374 scopus 로고
    • Winston Churchill, The Iron Curtain (Mar. 5, 1946), in BLOOD, TOIL, TEARS AND SWEAT: THE SPEECHES OF WINSTON CHURCHILL 295, 303 (David Cannadine ed., 1989). The term "iron curtain" appears to have originated in 1918 and was used by the Nazis near the end of World War II. Churchill himself used it in a telegram to President Truman on May 12, 1945, just days after the defeat of Germany. See JOHN W. YOUNG, THE LONGMAN COMPANION TO COLD WAR AND DETENTE 1941-1991, at 291 (1993).
    • (1993) The Longman Companion to Cold War and Detente 1941-1991 , pp. 291
    • Young, J.W.1
  • 10
    • 84923716621 scopus 로고    scopus 로고
    • Churchill, supra note 7, at 304
    • Churchill, supra note 7, at 304.
  • 11
    • 0004012982 scopus 로고
    • Edward Said coined the term "Orientalism" in his powerful critique of the ways in which scholars studying the Orient reinforced imperialism. See EDWARD W. SAID, ORIENTALISM 2 (1978). He explains how the Occident constructed the Orient as the Other, "as its contrasting image, idea, personality, experience," id. at 2, which allowed the West to "dominat[e], restructur[e], and hav[e] authority over the Orient," id. at 3. See also id. at 327 (making specific references to "the Other").
    • (1978) Orientalism , pp. 2
    • Said, E.W.1
  • 12
    • 0004194140 scopus 로고
    • One might say that the "iron curtain" reflected Western Europe to be twice as democratic as it was. Cf. VIRGINIA WOOLF, A ROOM OF ONE'S OWN 53 (1929) ("Women have served all these centuries as looking-glasses possessing the magic and delicious power of reflecting the figure of man at twice its natural size."). Eastern Europe might also be considered a project of "dimi-Orientalism," created to mediate between the Orient and the Occident. See LARRY WOLFF, INVENTING EASTERN EUROPE: THE MAP OF CIVILIZATION ON THE MIND OF THE ENLIGHTENMENT 8 (1994) ("[T]he study of Eastern Europe, like Orientalism, was a style of intellectual mastery, integrating knowledge and power, perpetrating domination and subordination.").
    • (1929) A Room of One's Own , pp. 53
    • Woolf, V.1
  • 13
    • 0003623560 scopus 로고
    • One might say that the "iron curtain" reflected Western Europe to be twice as democratic as it was. Cf. VIRGINIA WOOLF, A ROOM OF ONE'S OWN 53 (1929) ("Women have served all these centuries as looking-glasses possessing the magic and delicious power of reflecting the figure of man at twice its natural size."). Eastern Europe might also be considered a project of "dimi-Orientalism," created to mediate between the Orient and the Occident. See LARRY WOLFF, INVENTING EASTERN EUROPE: THE MAP OF CIVILIZATION ON THE MIND OF THE ENLIGHTENMENT 8 (1994) ("[T]he study of Eastern Europe, like Orientalism, was a style of intellectual mastery, integrating knowledge and power, perpetrating domination and subordination.").
    • (1994) Inventing Eastern Europe: The Map of Civilization on the Mind of the Enlightenment , pp. 8
    • Wolff, L.1
  • 15
    • 0346037975 scopus 로고
    • Brian Pearce trans., Penguin Books
    • Francisco Franco came to power in Spain after the Spanish Civil War, aided by the Nazis. He remained in power until his death in 1975. For a description of the Francoist regime, see generally EDOUARD DE BLAYE, FRANCO AND THE POLITICS OF SPAIN (Brian Pearce trans., Penguin Books 1976) (1974); MAX GALLO, SPAIN UNDER FRANCO: A HISTORY (1973); THOMAS J. HAMILTON, APPEASEMENT'S CHILD: THE FRANCO REGIME IN SPAIN (1943); STANLEY G. PAYNE, THE FRANCO REGIME 1936-1975 (1987); and JOSE YGLESIAS, THE FRANCO YEARS (1977).
    • (1974) Franco and the Politics of Spain
    • De Blaye, E.1
  • 16
    • 0347929510 scopus 로고
    • Francisco Franco came to power in Spain after the Spanish Civil War, aided by the Nazis. He remained in power until his death in 1975. For a description of the Francoist regime, see generally EDOUARD DE BLAYE, FRANCO AND THE POLITICS OF SPAIN (Brian Pearce trans., Penguin Books 1976) (1974); MAX GALLO, SPAIN UNDER FRANCO: A HISTORY (1973); THOMAS J. HAMILTON, APPEASEMENT'S CHILD: THE FRANCO REGIME IN SPAIN (1943); STANLEY G. PAYNE, THE FRANCO REGIME 1936-1975 (1987); and JOSE YGLESIAS, THE FRANCO YEARS (1977).
    • (1973) Spain Under Franco: A History
    • Gallo, M.1
  • 17
    • 0040814899 scopus 로고
    • Francisco Franco came to power in Spain after the Spanish Civil War, aided by the Nazis. He remained in power until his death in 1975. For a description of the Francoist regime, see generally EDOUARD DE BLAYE, FRANCO AND THE POLITICS OF SPAIN (Brian Pearce trans., Penguin Books 1976) (1974); MAX GALLO, SPAIN UNDER FRANCO: A HISTORY (1973); THOMAS J. HAMILTON, APPEASEMENT'S CHILD: THE FRANCO REGIME IN SPAIN (1943); STANLEY G. PAYNE, THE FRANCO REGIME 1936-1975 (1987); and JOSE YGLESIAS, THE FRANCO YEARS (1977).
    • (1943) Appeasement's Child: The Franco Regime in Spain
    • Hamilton, T.J.1
  • 18
    • 0003211871 scopus 로고
    • Francisco Franco came to power in Spain after the Spanish Civil War, aided by the Nazis. He remained in power until his death in 1975. For a description of the Francoist regime, see generally EDOUARD DE BLAYE, FRANCO AND THE POLITICS OF SPAIN (Brian Pearce trans., Penguin Books 1976) (1974); MAX GALLO, SPAIN UNDER FRANCO: A HISTORY (1973); THOMAS J. HAMILTON, APPEASEMENT'S CHILD: THE FRANCO REGIME IN SPAIN (1943); STANLEY G. PAYNE, THE FRANCO REGIME 1936-1975 (1987); and JOSE YGLESIAS, THE FRANCO YEARS (1977).
    • (1987) The Franco Regime 1936-1975
    • Payne, S.G.1
  • 19
    • 84923710022 scopus 로고
    • Francisco Franco came to power in Spain after the Spanish Civil War, aided by the Nazis. He remained in power until his death in 1975. For a description of the Francoist regime, see generally EDOUARD DE BLAYE, FRANCO AND THE POLITICS OF SPAIN (Brian Pearce trans., Penguin Books 1976) (1974); MAX GALLO, SPAIN UNDER FRANCO: A HISTORY (1973); THOMAS J. HAMILTON, APPEASEMENT'S CHILD: THE FRANCO REGIME IN SPAIN (1943); STANLEY G. PAYNE, THE FRANCO REGIME 1936-1975 (1987); and JOSE YGLESIAS, THE FRANCO YEARS (1977).
    • (1977) The Franco Years
    • Yglesias, J.1
  • 20
    • 84928440227 scopus 로고
    • Turning a Market Democracy: A Tale of Two Architectures
    • See David Kennedy, Turning a Market Democracy: A Tale of Two Architectures, 32 HARV. INT'L L.J. 373, 374 (1991) (noting "background assumptions . . . that the East 'lags' behind the West"). Kennedy explains further: The dominant image governing [efforts to integrate Central and East European countries into the international market system] has been a "return to normalcy," to universal reason, to the West. The 1989 rupture released the East from primitivism, from ideology, from the priority of politics over economics, public over private, belief over reason. As for the deinstitutionalized insane, enlightened thought seeks to treat the East as "normally" as possible. Id. at 385.
    • (1991) Harv. Int'l L.J. , vol.32 , pp. 373
    • Kennedy, D.1
  • 21
    • 84923716619 scopus 로고    scopus 로고
    • WOLFF, supra note 10, at 3
    • WOLFF, supra note 10, at 3.
  • 22
    • 0347299453 scopus 로고
    • Sept. 14
    • The Nongovernmental Organizations (NGOs) from Central and Eastern Europe worked together in a caucus and referred to themselves as the "non-region" at the Fourth World Conference on Women in Beijing in 1995. See EAST-EAST CAUCUS AT THE FOURTH WORLD CONFERENCE ON WOMEN, BEIJING, CHINA (Sept. 14, 1995) (unpublished leaflet, on file with the Yale Law Journal).
    • (1995) East-East Caucus at the Fourth World Conference on Women, Beijing, China
  • 24
    • 84923716618 scopus 로고    scopus 로고
    • id. at 24-27
    • See id. at 24-27.
  • 25
    • 84923716617 scopus 로고    scopus 로고
    • id. at 9
    • See id. at 9.
  • 26
    • 84923716616 scopus 로고    scopus 로고
    • id.
    • See id.
  • 27
    • 84923716615 scopus 로고    scopus 로고
    • id. at 34-37
    • See id. at 34-37.
  • 28
    • 84923716614 scopus 로고    scopus 로고
    • id. at 35, 41-42
    • See id. at 35, 41-42.
  • 29
    • 84923716613 scopus 로고    scopus 로고
    • id. at 45
    • See id. at 45. The former harsh Romanian law against abortion was, however, repealed in late December 1989, the day after Ceausescu was thrown out of office.
  • 30
    • 84923716612 scopus 로고    scopus 로고
    • id. at 47
    • See id. at 47.
  • 31
    • 0347299431 scopus 로고    scopus 로고
    • The University of Connecticut Journal of International Law. See the Status of Women in New Market Economies
    • hereinafter Connecticut Conference
    • Aside from the numerous universities and other institutions supporting feminists' involvement, there are at least two organizations involved in feminist work in Central and Eastern Europe, the Network of East-West Women and Minnesota Advocates for Human Rights. The Network of East-West Women is a membership organization founded some years ago by a group of women spearheaded by Ann Snitow and Slavenka Drakulic. Telephone Interview with Ann Snitow (Mar. 4, 1997). Among its activities, it cosponsored a conference with the University of Connecticut Law School in the spring of 1996, the papers from which will be published in The University of Connecticut Journal of International Law. See The Status of Women in New Market Economies, 12 CONN. J. INT'L L. 1 (1997) [hereinafter Connecticut Conference]. Minnesota Advocates has worked against domestic violence. It has sent delegations to a number of countries in Central and Eastern Europe and published reports on domestic violence in these countries. See MINNESOTA ADVOCATES FOR HUMAN RIGHTS, DOMESTIC VIOLENCE IN BULGARIA (1996) [hereinafter MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA]; MINNESOTA ADVOCATES FOR HUMAN RIGHTS, LIFTING THE LAST CURTAIN: A REPORT ON DOMESTIC VIOLENCE IN ROMANIA (1995) [hereinafter MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA].
    • (1997) Conn. J. Int'l L. , vol.12 , pp. 1
  • 32
    • 0346037956 scopus 로고    scopus 로고
    • hereinafter MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA
    • Aside from the numerous universities and other institutions supporting feminists' involvement, there are at least two organizations involved in feminist work in Central and Eastern Europe, the Network of East-West Women and Minnesota Advocates for Human Rights. The Network of East-West Women is a membership organization founded some years ago by a group of women spearheaded by Ann Snitow and Slavenka Drakulic. Telephone Interview with Ann Snitow (Mar. 4, 1997). Among its activities, it cosponsored a conference with the University of Connecticut Law School in the spring of 1996, the papers from which will be published in The University of Connecticut Journal of International Law. See The Status of Women in New Market Economies, 12 CONN. J. INT'L L. 1 (1997) [hereinafter Connecticut Conference]. Minnesota Advocates has worked against domestic violence. It has sent delegations to a number of countries in Central and Eastern Europe and published reports on domestic violence in these countries. See MINNESOTA ADVOCATES FOR HUMAN RIGHTS, DOMESTIC VIOLENCE IN BULGARIA (1996) [hereinafter MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA]; MINNESOTA ADVOCATES FOR HUMAN RIGHTS, LIFTING THE LAST CURTAIN: A REPORT ON DOMESTIC VIOLENCE IN ROMANIA (1995) [hereinafter MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA].
    • (1996) Minnesota Advocates for Human Rights, Domestic Violence in Bulgaria
  • 33
    • 0346668966 scopus 로고
    • hereinafter MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA
    • Aside from the numerous universities and other institutions supporting feminists' involvement, there are at least two organizations involved in feminist work in Central and Eastern Europe, the Network of East-West Women and Minnesota Advocates for Human Rights. The Network of East-West Women is a membership organization founded some years ago by a group of women spearheaded by Ann Snitow and Slavenka Drakulic. Telephone Interview with Ann Snitow (Mar. 4, 1997). Among its activities, it cosponsored a conference with the University of Connecticut Law School in the spring of 1996, the papers from which will be published in The University of Connecticut Journal of International Law. See The Status of Women in New Market Economies, 12 CONN. J. INT'L L. 1 (1997) [hereinafter Connecticut Conference]. Minnesota Advocates has worked against domestic violence. It has sent delegations to a number of countries in Central and Eastern Europe and published reports on domestic violence in these countries. See MINNESOTA ADVOCATES FOR HUMAN RIGHTS, DOMESTIC VIOLENCE IN BULGARIA (1996) [hereinafter MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA]; MINNESOTA ADVOCATES FOR HUMAN RIGHTS, LIFTING THE LAST CURTAIN: A REPORT ON DOMESTIC VIOLENCE IN ROMANIA (1995) [hereinafter MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA].
    • (1995) Minnesota Advocates for Human Rights, Lifting the Last Curtain: A Report on Domestic Violence in Romania
  • 34
    • 84923716603 scopus 로고    scopus 로고
    • note
    • While this Essay primarily addresses the United States, much of what it discusses is to some extent applicable to Western European feminists as well.
  • 35
    • 84923716601 scopus 로고    scopus 로고
    • Connecticut Conference, supra note 24
    • It is often difficult to judge when international cooperation has been effective. Certainly, many of the women in Central and Eastern Europe would assert that certain programs and projects have been helpful to them, but such self-reporting is not actual proof. See Connecticut Conference, supra note 24.
  • 36
    • 84970772115 scopus 로고    scopus 로고
    • Race/Gender and the Ethics of Difference: A Reply to Okin's "Gender Inequality and Cultural Differences"
    • See, e.g., Jane Flax, Race/Gender and the Ethics of Difference: A Reply to Okin's "Gender Inequality and Cultural Differences", 23 POL. THEORY 500 (1995) (promoting postmodernism or "differences" approach to international feminist politics); Tracy E. Higgins, Anti-Essentialism, Relativism, and Human Rights, 19 HARV. WOMEN'S L.J. 89 (1996) (examining cultural relativism, universalism, anti-essentialism, and international feminist politics); Chandra Talpade Mohanty, Under Western Eyes, in THIRD WORLD WOMEN AND THE POLITICS OF FEMINISM 51 (Chandra Talpade Mohanty et al. eds., 1991) (presenting classic critique of Western feminism as culturally imperialistic and ethnocentrically universalistic); Vasuki Nesiah, Toward a Feminist Internationality: A Critique of U.S. Feminist Legal Scholarship, 16 HARV. WOMEN'S L.J. 189 (1993) (criticizing American feminist legal scholarship as culturally insensitive); Susan Moller Okin, Gender Inequality and Cultural Differences, 22 POL. THEORY 5 (1994) (examining sources of "essentialism" in feminist work and defending liberal conceptions of universalism); Marian Paules, Returning the Gaze: The Thomas/Hill Hearings of 1991 as a Western Feminist Response to Mohanty (June 14-16, 1996) (unpublished manuscript, on file with the Yale Law Journal) (relativizing Mohanty's critique in concrete context).
    • (1995) Pol. Theory , vol.23 , pp. 500
    • Flax, J.1
  • 37
    • 84970772115 scopus 로고    scopus 로고
    • Anti-Essentialism, Relativism, and Human Rights
    • See, e.g., Jane Flax, Race/Gender and the Ethics of Difference: A Reply to Okin's "Gender Inequality and Cultural Differences", 23 POL. THEORY 500 (1995) (promoting postmodernism or "differences" approach to international feminist politics); Tracy E. Higgins, Anti-Essentialism, Relativism, and Human Rights, 19 HARV. WOMEN'S L.J. 89 (1996) (examining cultural relativism, universalism, anti-essentialism, and international feminist politics); Chandra Talpade Mohanty, Under Western Eyes, in THIRD WORLD WOMEN AND THE POLITICS OF FEMINISM 51 (Chandra Talpade Mohanty et al. eds., 1991) (presenting classic critique of Western feminism as culturally imperialistic and ethnocentrically universalistic); Vasuki Nesiah, Toward a Feminist Internationality: A Critique of U.S. Feminist Legal Scholarship, 16 HARV. WOMEN'S L.J. 189 (1993) (criticizing American feminist legal scholarship as culturally insensitive); Susan Moller Okin, Gender Inequality and Cultural Differences, 22 POL. THEORY 5 (1994) (examining sources of "essentialism" in feminist work and defending liberal conceptions of universalism); Marian Paules, Returning the Gaze: The Thomas/Hill Hearings of 1991 as a Western Feminist Response to Mohanty (June 14-16, 1996) (unpublished manuscript, on file with the Yale Law Journal) (relativizing Mohanty's critique in concrete context).
    • (1996) Harv. Women's L.J. , vol.19 , pp. 89
    • Higgins, T.E.1
  • 38
    • 84970772115 scopus 로고    scopus 로고
    • Under Western Eyes
    • Chandra Talpade Mohanty et al. eds.
    • See, e.g., Jane Flax, Race/Gender and the Ethics of Difference: A Reply to Okin's "Gender Inequality and Cultural Differences", 23 POL. THEORY 500 (1995) (promoting postmodernism or "differences" approach to international feminist politics); Tracy E. Higgins, Anti-Essentialism, Relativism, and Human Rights, 19 HARV. WOMEN'S L.J. 89 (1996) (examining cultural relativism, universalism, anti-essentialism, and international feminist politics); Chandra Talpade Mohanty, Under Western Eyes, in THIRD WORLD WOMEN AND THE POLITICS OF FEMINISM 51 (Chandra Talpade Mohanty et al. eds., 1991) (presenting classic critique of Western feminism as culturally imperialistic and ethnocentrically universalistic); Vasuki Nesiah, Toward a Feminist Internationality: A Critique of U.S. Feminist Legal Scholarship, 16 HARV. WOMEN'S L.J. 189 (1993) (criticizing American feminist legal scholarship as culturally insensitive); Susan Moller Okin, Gender Inequality and Cultural Differences, 22 POL. THEORY 5 (1994) (examining sources of "essentialism" in feminist work and defending liberal conceptions of universalism); Marian Paules, Returning the Gaze: The Thomas/Hill Hearings of 1991 as a Western Feminist Response to Mohanty (June 14-16, 1996) (unpublished manuscript, on file with the Yale Law Journal) (relativizing Mohanty's critique in concrete context).
    • (1991) Third World Women and the Politics of Feminism , vol.51
    • Mohanty, C.T.1
  • 39
    • 84970772115 scopus 로고    scopus 로고
    • Toward a Feminist Internationality: A Critique of U.S. Feminist Legal Scholarship
    • See, e.g., Jane Flax, Race/Gender and the Ethics of Difference: A Reply to Okin's "Gender Inequality and Cultural Differences", 23 POL. THEORY 500 (1995) (promoting postmodernism or "differences" approach to international feminist politics); Tracy E. Higgins, Anti-Essentialism, Relativism, and Human Rights, 19 HARV. WOMEN'S L.J. 89 (1996) (examining cultural relativism, universalism, anti-essentialism, and international feminist politics); Chandra Talpade Mohanty, Under Western Eyes, in THIRD WORLD WOMEN AND THE POLITICS OF FEMINISM 51 (Chandra Talpade Mohanty et al. eds., 1991) (presenting classic critique of Western feminism as culturally imperialistic and ethnocentrically universalistic); Vasuki Nesiah, Toward a Feminist Internationality: A Critique of U.S. Feminist Legal Scholarship, 16 HARV. WOMEN'S L.J. 189 (1993) (criticizing American feminist legal scholarship as culturally insensitive); Susan Moller Okin, Gender Inequality and Cultural Differences, 22 POL. THEORY 5 (1994) (examining sources of "essentialism" in feminist work and defending liberal conceptions of universalism); Marian Paules, Returning the Gaze: The Thomas/Hill Hearings of 1991 as a Western Feminist Response to Mohanty (June 14-16, 1996) (unpublished manuscript, on file with the Yale Law Journal) (relativizing Mohanty's critique in concrete context).
    • (1993) Harv. Women's L.J. , vol.16 , pp. 189
    • Nesiah, V.1
  • 40
    • 84967003702 scopus 로고
    • Gender Inequality and Cultural Differences
    • See, e.g., Jane Flax, Race/Gender and the Ethics of Difference: A Reply to Okin's "Gender Inequality and Cultural Differences", 23 POL. THEORY 500 (1995) (promoting postmodernism or "differences" approach to international feminist politics); Tracy E. Higgins, Anti-Essentialism, Relativism, and Human Rights, 19 HARV. WOMEN'S L.J. 89 (1996) (examining cultural relativism, universalism, anti-essentialism, and international feminist politics); Chandra Talpade Mohanty, Under Western Eyes, in THIRD WORLD WOMEN AND THE POLITICS OF FEMINISM 51 (Chandra Talpade Mohanty et al. eds., 1991) (presenting classic critique of Western feminism as culturally imperialistic and ethnocentrically universalistic); Vasuki Nesiah, Toward a Feminist Internationality: A Critique of U.S. Feminist Legal Scholarship, 16 HARV. WOMEN'S L.J. 189 (1993) (criticizing American feminist legal scholarship as culturally insensitive); Susan Moller Okin, Gender Inequality and Cultural Differences, 22 POL. THEORY 5 (1994) (examining sources of "essentialism" in feminist work and defending liberal conceptions of universalism); Marian Paules, Returning the Gaze: The Thomas/Hill Hearings of 1991 as a Western Feminist Response to Mohanty (June 14-16, 1996) (unpublished manuscript, on file with the Yale Law Journal) (relativizing Mohanty's critique in concrete context).
    • (1994) Pol. Theory , vol.22 , pp. 5
    • Okin, S.M.1
  • 41
    • 84970772115 scopus 로고    scopus 로고
    • June 14-16
    • See, e.g., Jane Flax, Race/Gender and the Ethics of Difference: A Reply to Okin's "Gender Inequality and Cultural Differences", 23 POL. THEORY 500 (1995) (promoting postmodernism or "differences" approach to international feminist politics); Tracy E. Higgins, Anti-Essentialism, Relativism, and Human Rights, 19 HARV. WOMEN'S L.J. 89 (1996) (examining cultural relativism, universalism, anti-essentialism, and international feminist politics); Chandra Talpade Mohanty, Under Western Eyes, in THIRD WORLD WOMEN AND THE POLITICS OF FEMINISM 51 (Chandra Talpade Mohanty et al. eds., 1991) (presenting classic critique of Western feminism as culturally imperialistic and ethnocentrically universalistic); Vasuki Nesiah, Toward a Feminist Internationality: A Critique of U.S. Feminist Legal Scholarship, 16 HARV. WOMEN'S L.J. 189 (1993) (criticizing American feminist legal scholarship as culturally insensitive); Susan Moller Okin, Gender Inequality and Cultural Differences, 22 POL. THEORY 5 (1994) (examining sources of "essentialism" in feminist work and defending liberal conceptions of universalism); Marian Paules, Returning the Gaze: The Thomas/Hill Hearings of 1991 as a Western Feminist Response to Mohanty (June 14-16, 1996) (unpublished manuscript, on file with the Yale Law Journal) (relativizing Mohanty's critique in concrete context).
    • (1996) Returning the Gaze: The Thomas/Hill Hearings of 1991 as a Western Feminist Response to Mohanty
    • Paules, M.1
  • 42
    • 84923727215 scopus 로고
    • Women in Central Eastern Europe: Nationalism, Feminism and Possibilities for the Future
    • My work in this area includes proposing and organizing a conference on Women and Nationalism in Central and Eastern Europe, funded by the UCLA Center for the Study of Women, the UCLA Center for Russian and East European Studies, the UCLA Law School, and the University of California at Berkeley Center for German and European Studies. The conference brought together speakers from Hungary, the former East Germany, and Bulgaria. Papers from the conference are published in Symposium, Women in Central Eastern Europe: Nationalism, Feminism and Possibilities for the Future, 5 UCLA WOMEN'S L.J. 1 (1994). I have also arranged for visits and individual lectures throughout the United States by feminists from the former East Germany and Hungary.
    • (1994) Ucla Women's L.J. , vol.5 , pp. 1
  • 43
    • 84923716599 scopus 로고    scopus 로고
    • note
    • I did not visit the Soviet Union or Albania, as each had visa requirements that were too expensive for me to meet with the extremely limited financial resources I had at that time.
  • 44
    • 84923716598 scopus 로고    scopus 로고
    • note
    • This trip was financed in part by the Soros Foundation, through the Bibó István College of Law Students of the Eötvös Loránd University, and in part by the Academic Senate of UCLA.
  • 45
    • 84923716597 scopus 로고    scopus 로고
    • note
    • The University of Berlin's Projekt feministische Rechtswissenschaft offers anywhere between two and four courses a year. To support Projekt feministische Rechtswissenschaft, I served as a Chaired Professor at the University of Berlin during 1995, and in February of this year I began what I hope will be a regular three-week study tour to the United States, with visits to several leading law schools, lectures, and seminars for the students by some two dozen American feminist legal scholars.
  • 47
    • 84923716596 scopus 로고    scopus 로고
    • WOLFF, supra note 10, at 4-5
    • See WOLFF, supra note 10, at 4-5.
  • 48
    • 84923716595 scopus 로고    scopus 로고
    • Id. at 4. Wolff remarks: "The invention of Eastern Europe was a subtly self-promoting and sometimes overtly self-congratulatory event in intellectual history, whereby Western Europe also identified itself and affirmed its own precedence." Id. at 360
    • Id. at 4. Wolff remarks: "The invention of Eastern Europe was a subtly self-promoting and sometimes overtly self-congratulatory event in intellectual history, whereby Western Europe also identified itself and affirmed its own precedence." Id. at 360.
  • 49
    • 84923716594 scopus 로고    scopus 로고
    • note
    • Wolff notes: [I]t was the intellectual work of the Enlightenment to bring about that modern reorientation of the continent which produced Western Europe and Eastern Europe. Poland and Russia would be mentally detached from Sweden and Denmark, and associated instead with Hungary and Bohemia, the Balkan lands of Ottoman Europe, and even the Crimea on the Black Sea. Id. at 5.
  • 50
    • 84923716593 scopus 로고    scopus 로고
    • Id. at 359
    • Id. at 359.
  • 52
    • 84923734879 scopus 로고
    • In contrast, because nationalists in Slovenia use the term "Central Europe" to identify themselves with Germany and Austria, and to sharpen the distinction between Slovenia and the supposedly less civilized and less progressive countries to the South or to the East, some opponents resisted this nationalist impulse by referring to the entire region, including their own country, as "Eastern Europe" during my trip there in September and October 1996. Interviews at University of Ljublana, Slovenia (Sent. 29-Oct. 5, 1996). A sharper dispute regarding terminology exists with respect to the borders of Germany. Some conservative Germans refer to the portion of Germany most of us would consider "eastern" as "central Germany" and refer to portions of Poland as "at the moment under Polish administration." This terminology (zurzeit unter polnischer Verwaltung) is even used in a German-language road atlas for travelers published by Hallwag A.G. Bern and printed in Switzerland in 1968. See EUROPA TOURING: MOTORING GUIDE OF EUROPE 88 (1968).
    • (1968) Europa Touring: Motoring Guide of Europe , pp. 88
  • 53
    • 84923716592 scopus 로고    scopus 로고
    • Flax, supra note 27, at 502-03
    • See Flax, supra note 27, at 502-03.
  • 54
    • 84923716583 scopus 로고    scopus 로고
    • id. at 503; Mohanty, supra note 27, at 73
    • See id. at 503; Mohanty, supra note 27, at 73.
  • 55
    • 0347929506 scopus 로고
    • H.M. Parshley ed. & trans., Alfred A. Knopf
    • SIMONE DE BEAUVOIR, THE SECOND SEX (H.M. Parshley ed. & trans., Alfred A. Knopf 1993) (1949), is the classic statement of this phenomenon.
    • (1949) The Second Sex
    • De Beauvoir, S.1
  • 56
    • 84923716581 scopus 로고    scopus 로고
    • Mohanty, supra note 27, at 56, 72; Okin, supra note 27, at 15-17
    • See Mohanty, supra note 27, at 56, 72; Okin, supra note 27, at 15-17.
  • 57
    • 84923716579 scopus 로고    scopus 로고
    • Mohanty, supra note 27, at 55
    • See Mohanty, supra note 27, at 55.
  • 58
    • 84923716578 scopus 로고    scopus 로고
    • Id. at 54
    • Id. at 54.
  • 59
    • 0003006304 scopus 로고
    • Can the Subaltern Speak?
    • Cary Nelson & Lawrence Grossberg eds.
    • See Gayatri Chakravorty Spivak, Can the Subaltern Speak?, in MARXISM AND THE INTERPRETATION OF CULTURE 271, 300-08 (Cary Nelson & Lawrence Grossberg eds., 1988); cf. Robin Jared Lewis, Comment, Sati and the Nineteenth-Century British Self, in SATI, THE BLESSING AND THE CURSE: THE BURNING OF WIVES IN INDIA 72 (John Stratton Hawley ed., 1994) (suggesting that some French and German authors used Sati as "an effective vehicle for sharp satire of their own societies").
    • (1988) Marxism and the Interpretation of Culture , pp. 271
    • Spivak, G.C.1
  • 60
    • 0346037960 scopus 로고
    • Comment, Sati and the Nineteenth-Century British Self
    • John Stratton Hawley ed.
    • See Gayatri Chakravorty Spivak, Can the Subaltern Speak?, in MARXISM AND THE INTERPRETATION OF CULTURE 271, 300-08 (Cary Nelson & Lawrence Grossberg eds., 1988); cf. Robin Jared Lewis, Comment, Sati and the Nineteenth-Century British Self, in SATI, THE BLESSING AND THE CURSE: THE BURNING OF WIVES IN INDIA 72 (John Stratton Hawley ed., 1994) (suggesting that some French and German authors used Sati as "an effective vehicle for sharp satire of their own societies").
    • (1994) Sati, the Blessing and the Curse: The Burning of Wives in India , pp. 72
    • Lewis, R.J.1
  • 61
    • 0000496535 scopus 로고
    • Female Circumcision: Challenges to the Practice as a Human Rights Violation
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1985) Harv. Women's L.J. , vol.8 , pp. 155
    • Boulware-Miller, K.1
  • 62
    • 0013484129 scopus 로고
    • Female Subjects of Public International Law: Human Rights and the Exotic Other Female
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1992) New Eng. L. Rev. , vol.26 , pp. 1509
    • Engle, K.1
  • 63
    • 0040266085 scopus 로고
    • Female Circumcision: A Critical Appraisal
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1988) Hum. Rts. Q. , vol.10 , pp. 437
    • Slack, A.T.1
  • 64
    • 0030092994 scopus 로고    scopus 로고
    • Irreversible Error: The Power and Prejudice of Female Genital Mutilation
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1996) J. Contemp. Health L. & Pol'y , vol.12 , pp. 325
    • Annas, C.L.1
  • 65
    • 0000204418 scopus 로고    scopus 로고
    • Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1996) Am. U. J. Gender & L. , vol.4 , pp. 415
    • Bashir, L.M.1
  • 66
    • 0002064157 scopus 로고
    • The Criminalization of Female Genital Mutilation in the United States
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1995) J.L. & Pol'y , vol.4 , pp. 321
    • Hughes, K.1
  • 67
    • 0347929495 scopus 로고
    • Granting Political Asylum to Potential Victims of Female Circumcision
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1995) Mich. J. Gender & L. , vol.3 , pp. 257
    • Kelson, G.A.1
  • 68
    • 0002382386 scopus 로고
    • Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1995) Harv. Hum. Rts. J. , vol.8 , pp. 1
    • Lewis, H.1
  • 69
    • 84937274015 scopus 로고    scopus 로고
    • Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1996) B.C. Int'l & Comp. L. Rev. , vol.19 , pp. 353
  • 70
    • 24344498166 scopus 로고
    • Comment, a Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1995) Santa Clara L. Rev. , vol.35 , pp. 953
    • Lenihan, J.C.1
  • 71
    • 84923734859 scopus 로고
    • Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1995) Ucla Women's L.J. , vol.6 , pp. 123
    • Setareh, D.1
  • 72
    • 21144467528 scopus 로고
    • Note, Female Circumcision: Bringing Women's Perspectives into the International Debate
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1992) S. Cal. L. Rev. , vol.65 , pp. 2449
    • Smith, R.C.1
  • 73
    • 0007187603 scopus 로고
    • Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1993) Harv. L. Rev. , vol.106 , pp. 1944
  • 74
    • 84923759321 scopus 로고
    • Recent Development, in re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female
    • (1995) St. Mary's L.J. , vol.26 , pp. 877
    • Rudloff, P.D.1
  • 75
    • 84923717862 scopus 로고
    • Book Review
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1993) Harv. Women's L.J. , vol.16 , pp. 298
    • Manshel, L.1
  • 76
    • 0004262660 scopus 로고
    • reviewing
    • This topic has received enormous attention in American feminist literature. See, e.g., Kay Boulware-Miller, Female Circumcision: Challenges to the Practice as a Human Rights Violation, 8 HARV. WOMEN'S L.J. 155 (1985); Karen Engle, Female Subjects of Public International Law: Human Rights and the Exotic Other Female, 26 NEW ENG. L. REV. 1509 (1992) (presenting clitoridectomy as primary example); Alison T. Slack, Female Circumcision: A Critical Appraisal, 10 HUM. RTS. Q. 437 (1988). A LEXIS search in the Allrev File, conducted on January 20, 1997, produced 142 law review entries referring to female "circumcision," "infibulation," "female genital mutilation," or "FGM." Of these, at least 12 different articles or Notes focused entirely on the issue. See Catherine L. Annas, Irreversible Error: The Power and Prejudice of Female Genital Mutilation, 12 J. CONTEMP. HEALTH L. & POL'Y 325 (1996); Layli Miller Bashir, Female Genital Mutilation in the United States: An Examination of Criminal and Asylum Law, 4 AM. U. J. GENDER & L. 415 (1996); Karen Hughes, The Criminalization of Female Genital Mutilation in the United States, 4 J.L. & POL'Y 321 (1995); Gregory A. Kelson, Granting Political Asylum to Potential Victims of Female Circumcision, 3 MICH. J. GENDER & L. 257 (1995); Hope Lewis, Between Irua and "Female Genital Mutilation": Feminist Human Rights Discourse and the Cultural Divide, 8 HARV. HUM. RTS. J. 1 (1995); Note, Female Genital Mutilation and Refugee Status in the United States - A Step in the Right Direction, 19 B.C. INT'L & COMP. L. REV. 353 (1996); Joleen C. Lenihan, Comment, A Physician's Dilemma: Legal Ramifications of an Unorthodox Surgery, 35 SANTA CLARA L. REV. 953 (1995); Daliah Setareh, Recent Development, Women Escaping Genital Mutilation - Seeking Asylum in the United States, 6 UCLA WOMEN'S L.J. 123 (1995); Robyn Cerny Smith, Note, Female Circumcision: Bringing Women's Perspectives into the International Debate, 65 S. CAL. L. REV. 2449 (1992); Note, What's Culture Got to Do with It? Excising the Harmful Tradition of Female Circumcision, 106 HARV. L. REV. 1944 (1993); Patricia Dysart Rudloff, Recent Development, In re Oluloro: Risk of Female Genital Mutilation as "Extreme Hardship" in Immigration Proceedings, 26 ST. MARY'S L.J. 877 (1995); Lisa Manshel, Book Review, 16 HARV. WOMEN'S L.J. 298 (1993) (reviewing ALICE WALKER, POSSESSING THE SECRET OF JOY (1992)).
    • (1992) Possessing the Secret of Joy
    • Walker, A.1
  • 78
    • 26744480084 scopus 로고
    • Advocates of Breast Cancer Research Come of Age: Politics of an Illness
    • Albany, Apr. 24
    • Breast cancer is the classic example, but funding has recently been increased, in large part by allocating funds from the military budget to the issue. See Sandra G. Boodman, Advocates of Breast Cancer Research Come of Age: Politics of an Illness, TIMES UNION (Albany), Apr. 24, 1994, at E1 (describing Pentagon funding for cancer research). Similar concerns have been raised about the allocation of funds for other diseases. See, e.g., Sandra G. Boodman, The Rise of 'In-Your-Face' Activism, WASH. POST, Apr. 19, 1994, § 8 (Magazine), at 7 (describing Pentagon funding for cancer research); Monica Fountain & Beradine Healy, First Female Director of NIH, Making Women's Health a Priority, CHI. TRIB., Mar. 12, 1996, at 1E.
    • (1994) Times Union
    • Boodman, S.G.1
  • 79
    • 0347299417 scopus 로고
    • The Rise of 'In-Your-Face' Activism
    • Apr. 19, § 8 (Magazine)
    • Breast cancer is the classic example, but funding has recently been increased, in large part by allocating funds from the military budget to the issue. See Sandra G. Boodman, Advocates of Breast Cancer Research Come of Age: Politics of an Illness, TIMES UNION (Albany), Apr. 24, 1994, at E1 (describing Pentagon funding for cancer research). Similar concerns have been raised about the allocation of funds for other diseases. See, e.g., Sandra G. Boodman, The Rise of 'In-Your-Face' Activism, WASH. POST, Apr. 19, 1994, § 8 (Magazine), at 7 (describing Pentagon funding for cancer research); Monica Fountain & Beradine Healy, First Female Director of NIH, Making Women's Health a Priority, CHI. TRIB., Mar. 12, 1996, at 1E.
    • (1994) Wash. Post , pp. 7
    • Boodman, S.G.1
  • 80
    • 26744470524 scopus 로고    scopus 로고
    • First Female Director of NIH, Making Women's Health a Priority
    • Mar. 12
    • Breast cancer is the classic example, but funding has recently been increased, in large part by allocating funds from the military budget to the issue. See Sandra G. Boodman, Advocates of Breast Cancer Research Come of Age: Politics of an Illness, TIMES UNION (Albany), Apr. 24, 1994, at E1 (describing Pentagon funding for cancer research). Similar concerns have been raised about the allocation of funds for other diseases. See, e.g., Sandra G. Boodman, The Rise of 'In-Your-Face' Activism, WASH. POST, Apr. 19, 1994, § 8 (Magazine), at 7 (describing Pentagon funding for cancer research); Monica Fountain & Beradine Healy, First Female Director of NIH, Making Women's Health a Priority, CHI. TRIB., Mar. 12, 1996, at 1E.
    • (1996) Chi. Trib.
    • Fountain, M.1    Healy, B.2
  • 81
    • 26744447773 scopus 로고
    • Walls for Women in Germany
    • Aug. 6
    • See, e.g., Tamara Jones, Walls for Women in Germany, L.A. TIMES, Aug. 6, 1991, at A1. While it is important for society to recognize that domestic violence is not just a problem of the poor, poverty exacerbates the situation of any particular woman because the stress of poverty contributes to violence. See Martha F. Davis & Susan J. Kraham, Protecting Women's Welfare in the Face of Violence, 22 FORDHAM URB. L.J. 1141, 1145 (1995); see also id. at 1150 (maintaining that women's economic dependence on their batterers increases risk of serious injury); id. at 1154 ("[T]he most likely predictor of whether a battered woman will permanently separate from her abuser is whether she has the economic resources to survive without him.").
    • (1991) L.A. Times
    • Jones, T.1
  • 82
    • 0001615483 scopus 로고
    • Protecting Women's Welfare in the Face of Violence
    • See, e.g., Tamara Jones, Walls for Women in Germany, L.A. TIMES, Aug. 6, 1991, at A1. While it is important for society to recognize that domestic violence is not just a problem of the poor, poverty exacerbates the situation of any particular woman because the stress of poverty contributes to violence. See Martha F. Davis & Susan J. Kraham, Protecting Women's Welfare in the Face of Violence, 22 FORDHAM URB. L.J. 1141, 1145 (1995); see also id. at 1150 (maintaining that women's economic dependence on their batterers increases risk of serious injury); id. at 1154 ("[T]he most likely predictor of whether a battered woman will permanently separate from her abuser is whether she has the economic resources to survive without him.").
    • (1995) Fordham Urb. L.J. , vol.22 , pp. 1141
    • Davis, M.F.1    Kraham, S.J.2
  • 83
    • 0347929486 scopus 로고
    • Post-Colonial Feminism and the Veil: Considering the Differences
    • See Mohanty, supra note 27, at 66 (citing examples). This is the general attitude expressed by many Western feminists. For an excellent exposition of the need to complicate this view, see Lama Abu-Odeh, Post-Colonial Feminism and the Veil: Considering the Differences, 26 NEW ENG. L. REV. 1527 (1992).
    • (1992) New Eng. L. Rev. , vol.26 , pp. 1527
    • Abu-Odeh, L.1
  • 84
    • 84923716577 scopus 로고    scopus 로고
    • Abu-Odeh, supra note 50, at 1530-32
    • See Abu-Odeh, supra note 50, at 1530-32.
  • 85
    • 0343617997 scopus 로고
    • See WILLIAM A. ROSSI, THE SEX LIFE OF THE FOOT AND SHOE 131, 132-33 (1976); Michael J. Coughlin & Francesca M. Thompson, The High Price of High-Fashion Footwear, 44 INSTITUTIONAL COURSE LECTURES 371 (1995). On the internal and external pressure women feel to wear unhealthy, hampering shoes, see SUSAN BROWNMILLER, FEMININITY 183-87 (1984); ROSSI, supra, at 94 ("Who wears sexless shoes? Mostly sexually turned off women: the elderly or infirm . . . . Then there are those women with psychosexual inhibitions or neurotic problems, who use their desexed shoes as a pedic chastity belt. Or butch-type lesbians who deliberately masculinize their appearance."); id. at 123-24 (referring to flat or low heels as "mannish" and elaborating on sexlessness of "sensible" shoes). On the similar pressure not to wear "sensible shoes," see BROWNMILLER, supra, at 186-87. See also ROSSI, supra, at 151-52 (describing "podoalgolagnia" as common: "a sadomasochistic experience of foot deformation through foot-constricting shoes to increase sex attraction. This is our own choice. We'll have it no other way because the pleasure is greater than the pain.").
    • (1976) The Sex Life of the Foot and Shoe , pp. 131
    • Rossi, W.A.1
  • 86
    • 0029176650 scopus 로고
    • The High Price of High-Fashion Footwear
    • See WILLIAM A. ROSSI, THE SEX LIFE OF THE FOOT AND SHOE 131, 132-33 (1976); Michael J. Coughlin & Francesca M. Thompson, The High Price of High-Fashion Footwear, 44 INSTITUTIONAL COURSE LECTURES 371 (1995). On the internal and external pressure women feel to wear unhealthy, hampering shoes, see SUSAN BROWNMILLER, FEMININITY 183-87 (1984); ROSSI, supra, at 94 ("Who wears sexless shoes? Mostly sexually turned off women: the elderly or infirm . . . . Then there are those women with psychosexual inhibitions or neurotic problems, who use their desexed shoes as a pedic chastity belt. Or butch-type lesbians who deliberately masculinize their appearance."); id. at 123-24 (referring to flat or low heels as "mannish" and elaborating on sexlessness of "sensible" shoes). On the similar pressure not to wear "sensible shoes," see BROWNMILLER, supra, at 186-87. See also ROSSI, supra, at 151-52 (describing "podoalgolagnia" as common: "a sadomasochistic experience of foot deformation through foot-constricting shoes to increase sex attraction. This is our own choice. We'll have it no other way because the pleasure is greater than the pain.").
    • (1995) Institutional Course Lectures , vol.44 , pp. 371
    • Coughlin, M.J.1    Thompson, F.M.2
  • 87
    • 0003429373 scopus 로고
    • See WILLIAM A. ROSSI, THE SEX LIFE OF THE FOOT AND SHOE 131, 132-33 (1976); Michael J. Coughlin & Francesca M. Thompson, The High Price of High-Fashion Footwear, 44 INSTITUTIONAL COURSE LECTURES 371 (1995). On the internal and external pressure women feel to wear unhealthy, hampering shoes, see SUSAN BROWNMILLER, FEMININITY 183-87 (1984); ROSSI, supra, at 94 ("Who wears sexless shoes? Mostly sexually turned off women: the elderly or infirm . . . . Then there are those women with psychosexual inhibitions or neurotic problems, who use their desexed shoes as a pedic chastity belt. Or butch-type lesbians who deliberately masculinize their appearance."); id. at 123-24 (referring to flat or low heels as "mannish" and elaborating on sexlessness of "sensible" shoes). On the similar pressure not to wear "sensible shoes," see BROWNMILLER, supra, at 186-87. See also ROSSI, supra, at 151-52 (describing "podoalgolagnia" as common: "a sadomasochistic experience of foot deformation through foot-constricting shoes to increase sex attraction. This is our own choice. We'll have it no other way because the pleasure is greater than the pain.").
    • (1984) Femininity , pp. 183-187
    • Brownmiller, S.1
  • 88
    • 84923716576 scopus 로고    scopus 로고
    • See MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA, supra note 24; MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA, supra note 24
    • See MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA, supra note 24; MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA, supra note 24.
  • 89
    • 84923716575 scopus 로고    scopus 로고
    • note
    • It should be clear that to the extent this is a critique, it is an internal critique or a self-critique. I am myself right at the head of some of these armies of feminists.
  • 90
    • 84923716574 scopus 로고    scopus 로고
    • note
    • Interview with Petra Bläss, Member of the German Parliament (representing Sachsen-Anhalt), in Crianlarich, Scotland (July 16, 1996).
  • 91
    • 84923716573 scopus 로고    scopus 로고
    • note
    • Id. By "doing politics," she meant being actively involved in political activity.
  • 92
    • 0039255871 scopus 로고
    • Fighting for Survival: Women's Responses to Austerity Programs
    • JOHN WALTON & DAVID SEDDON
    • For example, the disastrous immediate effects of programs of structural adjustment on the poor have generally been given little attention in large part because those injured have been disproportionately female. See Victoria Daines & David Seddon, Fighting for Survival: Women's Responses to Austerity Programs, in JOHN WALTON & DAVID SEDDON, FREE MARKETS & FOOD RIOTS: THE POLITICS OF GLOBAL ADJUSTMENT 57, 58-59 (1994); Diane Elson, Male Bias in Macro-economics: The Case of Structural Adjustment, in MALE BIAS IN THE DEVELOPMENT PROCESS 164 (Diane Elson ed., 2d ed. 1995).
    • (1994) Free Markets & Food Riots: The Politics of Global Adjustment , pp. 57
    • Daines, V.1    Seddon, D.2
  • 93
    • 0001003767 scopus 로고
    • Male Bias in Macro-economics: The Case of Structural Adjustment
    • Diane Elson ed., 2d ed.
    • For example, the disastrous immediate effects of programs of structural adjustment on the poor have generally been given little attention in large part because those injured have been disproportionately female. See Victoria Daines & David Seddon, Fighting for Survival: Women's Responses to Austerity Programs, in JOHN WALTON & DAVID SEDDON, FREE MARKETS & FOOD RIOTS: THE POLITICS OF GLOBAL ADJUSTMENT 57, 58-59 (1994); Diane Elson, Male Bias in Macro-economics: The Case of Structural Adjustment, in MALE BIAS IN THE DEVELOPMENT PROCESS 164 (Diane Elson ed., 2d ed. 1995).
    • (1995) Male Bias in the Development Process , pp. 164
    • Elson, D.1
  • 94
    • 0003433962 scopus 로고
    • The literature is extensive. For classic examples, see PATRICIA HILL COLLINS, BLACK FEMINIST THOUGHT (1990); ANGELA Y. DAVIS, WOMEN, RACE & CLASS (1981); PAULA GIDDINGS, WHEN AND WHERE I ENTER 51, 170-76, 307-11 (1984); BELL HOOKS, FEMINIST THEORY: FROM MARGIN TO CENTER (1984) [hereinafter HOOKS, FEMINIST THEORY]; BELL HOOKS, YEARNING: RACE, GENDER, AND CULTURAL POLITICS (1990); and THIS BRIDGE CALLED MY BACK: WRITINGS BY RADICAL WOMEN OF COLOR (Cherríe Moraga & Gloria Anzaldúa eds., 1981).
    • (1990) Black Feminist Thought
    • Collins, P.H.1
  • 95
    • 0004136935 scopus 로고
    • The literature is extensive. For classic examples, see PATRICIA HILL COLLINS, BLACK FEMINIST THOUGHT (1990); ANGELA Y. DAVIS, WOMEN, RACE & CLASS (1981); PAULA GIDDINGS, WHEN AND WHERE I ENTER 51, 170-76, 307-11 (1984); BELL HOOKS, FEMINIST THEORY: FROM MARGIN TO CENTER (1984) [hereinafter HOOKS, FEMINIST THEORY]; BELL HOOKS, YEARNING: RACE, GENDER, AND CULTURAL POLITICS (1990); and THIS BRIDGE CALLED MY BACK: WRITINGS BY RADICAL WOMEN OF COLOR (Cherríe Moraga & Gloria Anzaldúa eds., 1981).
    • (1981) Women, Race & Class
    • Davis, A.Y.1
  • 96
    • 0003484154 scopus 로고
    • The literature is extensive. For classic examples, see PATRICIA HILL COLLINS, BLACK FEMINIST THOUGHT (1990); ANGELA Y. DAVIS, WOMEN, RACE & CLASS (1981); PAULA GIDDINGS, WHEN AND WHERE I ENTER 51, 170-76, 307-11 (1984); BELL HOOKS, FEMINIST THEORY: FROM MARGIN TO CENTER (1984) [hereinafter HOOKS, FEMINIST THEORY]; BELL HOOKS, YEARNING: RACE, GENDER, AND CULTURAL POLITICS (1990); and THIS BRIDGE CALLED MY BACK: WRITINGS BY RADICAL WOMEN OF COLOR (Cherríe Moraga & Gloria Anzaldúa eds., 1981).
    • (1984) When and Where I Enter , pp. 51
    • Giddings, P.1
  • 97
    • 0003477442 scopus 로고
    • hereinafter HOOKS, FEMINIST THEORY
    • The literature is extensive. For classic examples, see PATRICIA HILL COLLINS, BLACK FEMINIST THOUGHT (1990); ANGELA Y. DAVIS, WOMEN, RACE & CLASS (1981); PAULA GIDDINGS, WHEN AND WHERE I ENTER 51, 170-76, 307-11 (1984); BELL HOOKS, FEMINIST THEORY: FROM MARGIN TO CENTER (1984) [hereinafter HOOKS, FEMINIST THEORY]; BELL HOOKS, YEARNING: RACE, GENDER, AND CULTURAL POLITICS (1990); and THIS BRIDGE CALLED MY BACK: WRITINGS BY RADICAL WOMEN OF COLOR (Cherríe Moraga & Gloria Anzaldúa eds., 1981).
    • (1984) Feminist Theory: From Margin to Center
    • Hooks, B.1
  • 98
    • 84935413621 scopus 로고
    • The literature is extensive. For classic examples, see PATRICIA HILL COLLINS, BLACK FEMINIST THOUGHT (1990); ANGELA Y. DAVIS, WOMEN, RACE & CLASS (1981); PAULA GIDDINGS, WHEN AND WHERE I ENTER 51, 170-76, 307-11 (1984); BELL HOOKS, FEMINIST THEORY: FROM MARGIN TO CENTER (1984) [hereinafter HOOKS, FEMINIST THEORY]; BELL HOOKS, YEARNING: RACE, GENDER, AND CULTURAL POLITICS (1990); and THIS BRIDGE CALLED MY BACK: WRITINGS BY RADICAL WOMEN OF COLOR (Cherríe Moraga & Gloria Anzaldúa eds., 1981).
    • (1990) Yearning: Race, Gender, and Cultural Politics
    • Hooks, B.1
  • 99
    • 0003754283 scopus 로고
    • The literature is extensive. For classic examples, see PATRICIA HILL COLLINS, BLACK FEMINIST THOUGHT (1990); ANGELA Y. DAVIS, WOMEN, RACE & CLASS (1981); PAULA GIDDINGS, WHEN AND WHERE I ENTER 51, 170-76, 307-11 (1984); BELL HOOKS, FEMINIST THEORY: FROM MARGIN TO CENTER (1984) [hereinafter HOOKS, FEMINIST THEORY]; BELL HOOKS, YEARNING: RACE, GENDER, AND CULTURAL POLITICS (1990); and THIS BRIDGE CALLED MY BACK: WRITINGS BY RADICAL WOMEN OF COLOR (Cherríe Moraga & Gloria Anzaldúa eds., 1981).
    • (1981) This Bridge Called My Back: Writings by Radical Women of Color
    • Moraga, C.1    Anzaldúa, G.2
  • 101
    • 0003443018 scopus 로고
    • See, e.g., RACE-ING JUSTICE, EN-GENDERING POWER: ESSAYS ON ANITA HILL, CLARENCE THOMAS, AND THE CONSTRUCTION OF SOCIAL REALITY (Toni Morrison ed., 1992); ELIZABETH V. SPELMAN, INESSENTIAL WOMAN: PROBLEMS OF EXCLUSION IN FEMINIST THOUGHT (1988); CAROL B. STACK, ALL OUR KIN: STRATEGIES FOR SURVIVAL IN A BLACK COMMUNITY (1975); PATRICIA J. WILLIAMS, THE ALCHEMY OF RACE AND RIGHTS (1991); Jennifer Wriggins, Rape, Racism, and the Law, 6 HARV. WOMEN'S L.J. 103 (1983).
    • (1988) Inessential Woman: Problems of Exclusion in Feminist Thought
    • Spelman, E.V.1
  • 102
    • 0003995534 scopus 로고
    • See, e.g., RACE-ING JUSTICE, EN-GENDERING POWER: ESSAYS ON ANITA HILL, CLARENCE THOMAS, AND THE CONSTRUCTION OF SOCIAL REALITY (Toni Morrison ed., 1992); ELIZABETH V. SPELMAN, INESSENTIAL WOMAN: PROBLEMS OF EXCLUSION IN FEMINIST THOUGHT (1988); CAROL B. STACK, ALL OUR KIN: STRATEGIES FOR SURVIVAL IN A BLACK COMMUNITY (1975); PATRICIA J. WILLIAMS, THE ALCHEMY OF RACE AND RIGHTS (1991); Jennifer Wriggins, Rape, Racism, and the Law, 6 HARV. WOMEN'S L.J. 103 (1983).
    • (1975) All our Kin: Strategies for Survival in a Black Community
    • Stack, C.B.1
  • 103
    • 0003797052 scopus 로고
    • See, e.g., RACE-ING JUSTICE, EN-GENDERING POWER: ESSAYS ON ANITA HILL, CLARENCE THOMAS, AND THE CONSTRUCTION OF SOCIAL REALITY (Toni Morrison ed., 1992); ELIZABETH V. SPELMAN, INESSENTIAL WOMAN: PROBLEMS OF EXCLUSION IN FEMINIST THOUGHT (1988); CAROL B. STACK, ALL OUR KIN: STRATEGIES FOR SURVIVAL IN A BLACK COMMUNITY (1975); PATRICIA J. WILLIAMS, THE ALCHEMY OF RACE AND RIGHTS (1991); Jennifer Wriggins, Rape, Racism, and the Law, 6 HARV. WOMEN'S L.J. 103 (1983).
    • (1991) The Alchemy of Race and Rights
    • Williams, P.J.1
  • 104
    • 0000018028 scopus 로고
    • Rape, Racism, and the Law
    • See, e.g., RACE-ING JUSTICE, EN-GENDERING POWER: ESSAYS ON ANITA HILL, CLARENCE THOMAS, AND THE CONSTRUCTION OF SOCIAL REALITY (Toni Morrison ed., 1992); ELIZABETH V. SPELMAN, INESSENTIAL WOMAN: PROBLEMS OF EXCLUSION IN FEMINIST THOUGHT (1988); CAROL B. STACK, ALL OUR KIN: STRATEGIES FOR SURVIVAL IN A BLACK COMMUNITY (1975); PATRICIA J. WILLIAMS, THE ALCHEMY OF RACE AND RIGHTS (1991); Jennifer Wriggins, Rape, Racism, and the Law, 6 HARV. WOMEN'S L.J. 103 (1983).
    • (1983) Harv. Women's L.J. , vol.6 , pp. 103
    • Wriggins, J.1
  • 105
    • 0346037939 scopus 로고    scopus 로고
    • supra note 58
    • White women have been properly criticized for failing to take sufficient account of the experiences and contributions of women of color. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 1-10; Kimberle Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics, 1989 U. CHI. LEGAL F. 139. Yet there is also literature emphasizing the importance for people of color to speak in their own voices and criticizing white women for appropriating the experiences of black women or for seeming to try to speak for them. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 11; AUDRE LORDE, SISTER OUTSIDER (1984). White women have similarly criticized men: Men seem either to ignore feminist scholarship and women's issues or alternatively to become the "experts" on feminism, appropriating feminist analysis and then generally being cited more frequently than the women whose work they have appropriated. See SUSAN FALUDI, BACKLASH: THE UNDECLARED WAR AGAINST AMERICAN WOMEN 291-92, 299-313 (1991); Richard Delgado, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, 132 U. PA. L. REV. 561 (1984). have even heard people claim that men write about feminism better than women do because they are more objective on the subject Cf. LORRAINE DUSKY, STILL UNEQUAL 113 (1996) (reporting observation by female law professor that if she taught gender issues her teaching was labeled "political and biased," while male colleagues were "perceived as objective or neutral, particularly on gender issues").
    • Feminist Theory , pp. 1-10
    • Hooks1
  • 106
    • 0000530491 scopus 로고    scopus 로고
    • Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics
    • White women have been properly criticized for failing to take sufficient account of the experiences and contributions of women of color. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 1-10; Kimberle Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics, 1989 U. CHI. LEGAL F. 139. Yet there is also literature emphasizing the importance for people of color to speak in their own voices and criticizing white women for appropriating the experiences of black women or for seeming to try to speak for them. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 11; AUDRE LORDE, SISTER OUTSIDER (1984). White women have similarly criticized men: Men seem either to ignore feminist scholarship and women's issues or alternatively to become the "experts" on feminism, appropriating feminist analysis and then generally being cited more frequently than the women whose work they have appropriated. See SUSAN FALUDI, BACKLASH: THE UNDECLARED WAR AGAINST AMERICAN WOMEN 291-92, 299-313 (1991); Richard Delgado, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, 132 U. PA. L. REV. 561 (1984). have even heard people claim that men write about feminism better than women do because they are more objective on the subject Cf. LORRAINE DUSKY, STILL UNEQUAL 113 (1996) (reporting observation by female law professor that if she taught gender issues her teaching was labeled "political and biased," while male colleagues were "perceived as objective or neutral, particularly on gender issues").
    • U. Chi. Legal F. , vol.1989 , pp. 139
    • Crenshaw, K.1
  • 107
    • 0346037939 scopus 로고    scopus 로고
    • supra note 58
    • White women have been properly criticized for failing to take sufficient account of the experiences and contributions of women of color. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 1-10; Kimberle Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics, 1989 U. CHI. LEGAL F. 139. Yet there is also literature emphasizing the importance for people of color to speak in their own voices and criticizing white women for appropriating the experiences of black women or for seeming to try to speak for them. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 11; AUDRE LORDE, SISTER OUTSIDER (1984). White women have similarly criticized men: Men seem either to ignore feminist scholarship and women's issues or alternatively to become the "experts" on feminism, appropriating feminist analysis and then generally being cited more frequently than the women whose work they have appropriated. See SUSAN FALUDI, BACKLASH: THE UNDECLARED WAR AGAINST AMERICAN WOMEN 291-92, 299-313 (1991); Richard Delgado, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, 132 U. PA. L. REV. 561 (1984). have even heard people claim that men write about feminism better than women do because they are more objective on the subject Cf. LORRAINE DUSKY, STILL UNEQUAL 113 (1996) (reporting observation by female law professor that if she taught gender issues her teaching was labeled "political and biased," while male colleagues were "perceived as objective or neutral, particularly on gender issues").
    • Feminist Theory , pp. 11
    • Hooks1
  • 108
    • 0003921126 scopus 로고
    • White women have been properly criticized for failing to take sufficient account of the experiences and contributions of women of color. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 1-10; Kimberle Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics, 1989 U. CHI. LEGAL F. 139. Yet there is also literature emphasizing the importance for people of color to speak in their own voices and criticizing white women for appropriating the experiences of black women or for seeming to try to speak for them. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 11; AUDRE LORDE, SISTER OUTSIDER (1984). White women have similarly criticized men: Men seem either to ignore feminist scholarship and women's issues or alternatively to become the "experts" on feminism, appropriating feminist analysis and then generally being cited more frequently than the women whose work they have appropriated. See SUSAN FALUDI, BACKLASH: THE UNDECLARED WAR AGAINST AMERICAN WOMEN 291-92, 299-313 (1991); Richard Delgado, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, 132 U. PA. L. REV. 561 (1984). have even heard people claim that men write about feminism better than women do because they are more objective on the subject Cf. LORRAINE DUSKY, STILL UNEQUAL 113 (1996) (reporting observation by female law professor that if she taught gender issues her teaching was labeled "political and biased," while male colleagues were "perceived as objective or neutral, particularly on gender issues").
    • (1984) Sister Outsider
    • Lorde, A.1
  • 109
    • 0003481545 scopus 로고
    • White women have been properly criticized for failing to take sufficient account of the experiences and contributions of women of color. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 1-10; Kimberle Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics, 1989 U. CHI. LEGAL F. 139. Yet there is also literature emphasizing the importance for people of color to speak in their own voices and criticizing white women for appropriating the experiences of black women or for seeming to try to speak for them. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 11; AUDRE LORDE, SISTER OUTSIDER (1984). White women have similarly criticized men: Men seem either to ignore feminist scholarship and women's issues or alternatively to become the "experts" on feminism, appropriating feminist analysis and then generally being cited more frequently than the women whose work they have appropriated. See SUSAN FALUDI, BACKLASH: THE UNDECLARED WAR AGAINST AMERICAN WOMEN 291-92, 299-313 (1991); Richard Delgado, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, 132 U. PA. L. REV. 561 (1984). have even heard people claim that men write about feminism better than women do because they are more objective on the subject Cf. LORRAINE DUSKY, STILL UNEQUAL 113 (1996) (reporting observation by female law professor that if she taught gender issues her teaching was labeled "political and biased," while male colleagues were "perceived as objective or neutral, particularly on gender issues").
    • (1991) Backlash: The Undeclared War Against American Women , pp. 291-292
    • Faludi, S.1
  • 110
    • 40949112913 scopus 로고
    • The Imperial Scholar: Reflections on a Review of Civil Rights Literature
    • White women have been properly criticized for failing to take sufficient account of the experiences and contributions of women of color. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 1-10; Kimberle Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics, 1989 U. CHI. LEGAL F. 139. Yet there is also literature emphasizing the importance for people of color to speak in their own voices and criticizing white women for appropriating the experiences of black women or for seeming to try to speak for them. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 11; AUDRE LORDE, SISTER OUTSIDER (1984). White women have similarly criticized men: Men seem either to ignore feminist scholarship and women's issues or alternatively to become the "experts" on feminism, appropriating feminist analysis and then generally being cited more frequently than the women whose work they have appropriated. See SUSAN FALUDI, BACKLASH: THE UNDECLARED WAR AGAINST AMERICAN WOMEN 291-92, 299-313 (1991); Richard Delgado, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, 132 U. PA. L. REV. 561 (1984). have even heard people claim that men write about feminism better than women do because they are more objective on the subject Cf. LORRAINE DUSKY, STILL UNEQUAL 113 (1996) (reporting observation by female law professor that if she taught gender issues her teaching was labeled "political and biased," while male colleagues were "perceived as objective or neutral, particularly on gender issues").
    • (1984) U. Pa. L. Rev. , vol.132 , pp. 561
    • Delgado, R.1
  • 111
    • 84923743441 scopus 로고    scopus 로고
    • White women have been properly criticized for failing to take sufficient account of the experiences and contributions of women of color. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 1-10; Kimberle Crenshaw, Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory, and Antiracist Politics, 1989 U. CHI. LEGAL F. 139. Yet there is also literature emphasizing the importance for people of color to speak in their own voices and criticizing white women for appropriating the experiences of black women or for seeming to try to speak for them. See, e.g., HOOKS, FEMINIST THEORY, supra note 58, at 11; AUDRE LORDE, SISTER OUTSIDER (1984). White women have similarly criticized men: Men seem either to ignore feminist scholarship and women's issues or alternatively to become the "experts" on feminism, appropriating feminist analysis and then generally being cited more frequently than the women whose work they have appropriated. See SUSAN FALUDI, BACKLASH: THE UNDECLARED WAR AGAINST AMERICAN WOMEN 291-92, 299-313 (1991); Richard Delgado, The Imperial Scholar: Reflections on a Review of Civil Rights Literature, 132 U. PA. L. REV. 561 (1984). I have even heard people claim that men write about feminism better than women do because they are more objective on the subject Cf. LORRAINE DUSKY, STILL UNEQUAL 113 (1996) (reporting observation by female law professor that if she taught gender issues her teaching was labeled "political and biased," while male colleagues were "perceived as objective or neutral, particularly on gender issues").
    • (1996) Still Unequal , pp. 113
    • Dusky, L.1
  • 112
    • 0004250031 scopus 로고
    • On the relationship between categories of thought and power, see generally MICHEL FOUCAULT, THE ORDER OF THINGS (1970); and MICHEL FOUCAULT, POWER/KNOWLEDGE: SELECTED INTERVIEWS AND OTHER WRITINGS 1972-1977 (Colin Gordon ed. & Colin Gordon et al. trans., 1980). On its application to the study of cultures, see SAID, supra note 9, at 3. For a pre-transition examination of whether Western categories apply to Eastern European women, see Alfred G. Meyer, Feminism, Socialism, and Nationalism in Eastern Europe, in WOMEN, STATE AND PARTY IN EASTERN EUROPE 13, 14 (Sharon L. Wolchik & Alfred G. Meyer eds., 1985).
    • (1970) The Order of Things
    • Foucault, M.1
  • 113
    • 0002878266 scopus 로고
    • Colin Gordon ed. & Colin Gordon et al. trans.
    • On the relationship between categories of thought and power, see generally MICHEL FOUCAULT, THE ORDER OF THINGS (1970); and MICHEL FOUCAULT, POWER/KNOWLEDGE: SELECTED INTERVIEWS AND OTHER WRITINGS 1972-1977 (Colin Gordon ed. & Colin Gordon et al. trans., 1980). On its application to the study of cultures, see SAID, supra note 9, at 3. For a pre-transition examination of whether Western categories apply to Eastern European women, see Alfred G. Meyer, Feminism, Socialism, and Nationalism in Eastern Europe, in WOMEN, STATE AND PARTY IN EASTERN EUROPE 13, 14 (Sharon L. Wolchik & Alfred G. Meyer eds., 1985).
    • (1980) Power/knowledge: Selected Interviews and Other Writings , pp. 1972-1977
    • Foucault, M.1
  • 114
    • 0342619705 scopus 로고
    • Feminism, Socialism, and Nationalism in Eastern Europe
    • Sharon L. Wolchik & Alfred G. Meyer eds.
    • On the relationship between categories of thought and power, see generally MICHEL FOUCAULT, THE ORDER OF THINGS (1970); and MICHEL FOUCAULT, POWER/KNOWLEDGE: SELECTED INTERVIEWS AND OTHER WRITINGS 1972-1977 (Colin Gordon ed. & Colin Gordon et al. trans., 1980). On its application to the study of cultures, see SAID, supra note 9, at 3. For a pre-transition examination of whether Western categories apply to Eastern European women, see Alfred G. Meyer, Feminism, Socialism, and Nationalism in Eastern Europe, in WOMEN, STATE AND PARTY IN EASTERN EUROPE 13, 14 (Sharon L. Wolchik & Alfred G. Meyer eds., 1985).
    • (1985) Women, State and Party in Eastern Europe , pp. 13
    • Meyer, A.G.1
  • 115
    • 84923716572 scopus 로고    scopus 로고
    • Flax, supra note 27, at 502-03
    • See Flax, supra note 27, at 502-03.
  • 116
    • 84923716563 scopus 로고    scopus 로고
    • supra notes 58-60 and accompanying text
    • See supra notes 58-60 and accompanying text.
  • 117
    • 0039417953 scopus 로고
    • Step Sisters: On the Difficulties of German-German Feminist Cooperation
    • Fred L. Casmir ed.
    • See Dorothy J. Rosenberg, Step Sisters: On the Difficulties of German-German Feminist Cooperation, in COMMUNICATION IN EASTERN EUROPE: THE ROLE OF HISTORY, CULTURE, AND MEDIA IN CONTEMPORARY CONFLICT 81-109 (Fred L. Casmir ed., 1995); Dorothy J. Rosenberg, Shock Therapy: GDR Women in Transition from a Socialist Welfare State to a Social Market Economy, 17 SIGNS 129, 146 (1991) [hereinafter Rosenberg, Shock Therapy].
    • (1995) Communication in Eastern Europe: The Role of History, Culture, and Media in Contemporary Conflict , pp. 81-109
    • Rosenberg, D.J.1
  • 118
    • 84928836759 scopus 로고
    • Shock Therapy: GDR Women in Transition from a Socialist Welfare State to a Social Market Economy
    • hereinafter Rosenberg, Shock Therapy
    • See Dorothy J. Rosenberg, Step Sisters: On the Difficulties of German-German Feminist Cooperation, in COMMUNICATION IN EASTERN EUROPE: THE ROLE OF HISTORY, CULTURE, AND MEDIA IN CONTEMPORARY CONFLICT 81-109 (Fred L. Casmir ed., 1995); Dorothy J. Rosenberg, Shock Therapy: GDR Women in Transition from a Socialist Welfare State to a Social Market Economy, 17 SIGNS 129, 146 (1991) [hereinafter Rosenberg, Shock Therapy].
    • (1991) Signs , vol.17 , pp. 129
    • Rosenberg, D.J.1
  • 119
    • 84923739459 scopus 로고    scopus 로고
    • supra note 64
    • See Rosenberg, Shock Therapy, supra note 64, at 146; see also Hermine G. De Soto, Crossing Western Boundaries: How East Berlin Women Observed Women Researchers from the West After Socialism, 1991-1992, in FIELDWORK DILEMMAS IN POSTSOCIALIST SOCIETIES (Nora Dudwick & Hermine G. De Soto eds., forthcoming 1997).
    • Shock Therapy , pp. 146
    • Rosenberg1
  • 120
    • 0347929477 scopus 로고    scopus 로고
    • Crossing Western Boundaries: How East Berlin Women Observed Women Researchers from the West after Socialism, 1991-1992
    • Nora Dudwick & Hermine G. De Soto eds., forthcoming
    • See Rosenberg, Shock Therapy, supra note 64, at 146; see also Hermine G. De Soto, Crossing Western Boundaries: How East Berlin Women Observed Women Researchers from the West After Socialism, 1991-1992, in FIELDWORK DILEMMAS IN POSTSOCIALIST SOCIETIES (Nora Dudwick & Hermine G. De Soto eds., forthcoming 1997).
    • (1997) Fieldwork Dilemmas in Postsocialist Societies
    • De Soto, H.G.1
  • 121
    • 84923716561 scopus 로고    scopus 로고
    • generally Mohanty, supra note 27, at 53-54
    • See generally Mohanty, supra note 27, at 53-54 (arguing that Western feminist emphasis on male dominance in Third World struggles deemphasizes or denies importance of imperialism).
  • 122
    • 84923716559 scopus 로고    scopus 로고
    • id. at 55
    • See generally id. at 55.
  • 123
    • 84923716558 scopus 로고    scopus 로고
    • id. passim.
    • See id. passim.
  • 124
    • 84923716557 scopus 로고    scopus 로고
    • Nesiah, supra note 27, at 195
    • Nesiah, supra note 27, at 195.
  • 125
    • 84923716556 scopus 로고    scopus 로고
    • Id. at 196
    • Id. at 196.
  • 126
    • 84923716555 scopus 로고    scopus 로고
    • note
    • Women from Central and Eastern Europe find themselves in a further, more complex hybrid position. They are at the bottom of the hierarchy between Eastern and Western Europe and are relatively economically underprivileged, yet they are on the top side of the Western/Third World feminist hierarchy and share racial privilege with most other Europeans.
  • 127
    • 84923716554 scopus 로고    scopus 로고
    • note
    • Neither passing up the opportunity to express my views nor trying to write from a perspective other than my own offers any personal solution to the general problem of unequal access to influential channels of communication. Direct recognition rather than denial of my specific perspective would seem to encourage a greater sensitivity to the many ways that cultural and political differences can skew one's judgment of a situation; for example, cultural or political differences can make one think that just because something goes "the other way," it also goes "the wrong way." Moreover, acknowledging my own partial perspective may aid others in their judgment of whether I am correct or not.
  • 128
    • 84937287940 scopus 로고
    • Neo-Liberal Theory and Practice for Eastern Europe
    • AMSDEN ET AL., supra note 32
    • Jeffrey Sachs is a Harvard economist whose views have been enormously influential on the policies of countries adopting a market economic system and on the international lending agencies determining what conditions to place on loans and credits to the countries. "Shock therapy" is one of his best known approaches. See AMSDEN ET AL., supra note 32; Peter Gowan, Neo-Liberal Theory and Practice for Eastern Europe, 213 NEW LEFT REV. 3, 24 (1995).
    • (1995) New Left Rev. , vol.213 , pp. 3
    • Gowan, P.1
  • 129
    • 84923716553 scopus 로고    scopus 로고
    • WALTON & SEDDON, supra note 57, at 288-329
    • For a description of some of these policies, see WALTON & SEDDON, supra note 57, at 288-329.
  • 130
    • 78650199124 scopus 로고
    • Rolling Back the Gender Status of East German Women
    • Hanna Behrend ed.
    • For an analysis of the situation in the eastern portion of Germany, see Anneliese Braun et al., Rolling Back the Gender Status of East German Women, in GERMAN UNIFICATION: THE DESTRUCTION OF AN ECONOMY 147-50 (Hanna Behrend ed., 1995).
    • (1995) German Unification: The Destruction of AN Economy , pp. 147-150
    • Braun, A.1
  • 131
    • 0346668944 scopus 로고
    • Women Find Freedom Doesn't Mean Liberation
    • Dec. 27
    • See id. at 146-47; see also Jones, supra note 49 (stating that German "federal government . . . acknowledges that women are suffering the most in the east's chaotic transition to a free-market system"); Jonathan Kaufman, Women Find Freedom Doesn't Mean Liberation, BOSTON GLOBE, Dec. 27, 1990, at 19 ("Across Eastern Europe women are complaining about cuts in subsidies and child care, which hit women and families hardest."); id. ("[O]ver the short term, women are bearing the brunt of economic hard times.").
    • (1990) Boston Globe , pp. 19
    • Kaufman, J.1
  • 132
    • 0004069074 scopus 로고
    • This seems to be the attitude of a number of very successful antifeminist women. See generally CAMILLE PAGLIA, SEX, ART, AND AMERICAN CULTURE (1992); KATIE ROIPHE, THE MORNING AFTER: SEX, FEAR, AND FEMINISM ON CAMPUS (1993); NAOMI WOLF, FIRE WITH FIRE: THE NEW FEMALE POWER AND How IT WILL CHANGE THE 21ST CENTURY (1993).
    • (1992) Sex, Art, and American Culture
    • Paglia, C.1
  • 133
    • 0003659957 scopus 로고
    • This seems to be the attitude of a number of very successful antifeminist women. See generally CAMILLE PAGLIA, SEX, ART, AND AMERICAN CULTURE (1992); KATIE ROIPHE, THE MORNING AFTER: SEX, FEAR, AND FEMINISM ON CAMPUS (1993); NAOMI WOLF, FIRE WITH FIRE: THE NEW FEMALE POWER AND How IT WILL CHANGE THE 21ST CENTURY (1993).
    • (1993) The Morning After: Sex, Fear, and Feminism on Campus
    • Roiphe, K.1
  • 134
  • 135
    • 84923716552 scopus 로고    scopus 로고
    • Mohanty, supra note 27, at 63-66
    • See, e.g., Mohanty, supra note 27, at 63-66.
  • 136
    • 84923716551 scopus 로고    scopus 로고
    • Crenshaw, supra note 60, at 162-63
    • See Crenshaw, supra note 60, at 162-63.
  • 137
    • 84923716550 scopus 로고    scopus 로고
    • note
    • The socialist slogan, "Workers of the world, unite and fight" illustrates this class-based internationalism.
  • 138
    • 0346037930 scopus 로고
    • After years of official promotion of internationalism, the countries of Central and Eastern Europe have developed strong nationalist parties remarkably quickly. The former Yugoslavia is perhaps the most tragic and striking example of this phenomenon. See generally EDGAR O'BALLANCE, CIVIL WAR IN YUGOSLAVIA (1993). On the rise of nationalism throughout the formerly socialist countries of Europe, see Celestine Bohlen, Eastern Europe's Women Struggle with New Rules and Old Ones, N.Y. TIMES, Nov. 25, 1990, § 7 (Week in Review), at 1 (describing resurfacing of conservative attitudes toward women, usually with strong ties to nationalism); Richard Caplan & John Feffer, Introduction to EUROPE'S NEW NATIONALISM: STATES AND MINORITIES IN CONFLICT 4, 5, 8 (Richard Caplan & John Feffer eds., 1966).
    • (1993) Civil War in Yugoslavia
    • O'Ballance, E.1
  • 139
    • 0346037926 scopus 로고
    • Eastern Europe's Women Struggle with New Rules and Old Ones
    • Nov. 25, § 7 (Week in Review)
    • After years of official promotion of internationalism, the countries of Central and Eastern Europe have developed strong nationalist parties remarkably quickly. The former Yugoslavia is perhaps the most tragic and striking example of this phenomenon. See generally EDGAR O'BALLANCE, CIVIL WAR IN YUGOSLAVIA (1993). On the rise of nationalism throughout the formerly socialist countries of Europe, see Celestine Bohlen, Eastern Europe's Women Struggle with New Rules and Old Ones, N.Y. TIMES, Nov. 25, 1990, § 7 (Week in Review), at 1 (describing resurfacing of conservative attitudes toward women, usually with strong ties to nationalism); Richard Caplan & John Feffer, Introduction to EUROPE'S NEW NATIONALISM: STATES AND MINORITIES IN CONFLICT 4, 5, 8 (Richard Caplan & John Feffer eds., 1966).
    • (1990) N.Y. Times , pp. 1
    • Bohlen, C.1
  • 140
    • 0347929475 scopus 로고
    • Richard Caplan & John Feffer eds.
    • After years of official promotion of internationalism, the countries of Central and Eastern Europe have developed strong nationalist parties remarkably quickly. The former Yugoslavia is perhaps the most tragic and striking example of this phenomenon. See generally EDGAR O'BALLANCE, CIVIL WAR IN YUGOSLAVIA (1993). On the rise of nationalism throughout the formerly socialist countries of Europe, see Celestine Bohlen, Eastern Europe's Women Struggle with New Rules and Old Ones, N.Y. TIMES, Nov. 25, 1990, § 7 (Week in Review), at 1 (describing resurfacing of conservative attitudes toward women, usually with strong ties to nationalism); Richard Caplan & John Feffer, Introduction to EUROPE'S NEW NATIONALISM: STATES AND MINORITIES IN CONFLICT 4, 5, 8 (Richard Caplan & John Feffer eds., 1966).
    • (1966) Introduction to Europe's New Nationalism: States and Minorities in Conflict , pp. 4
    • Caplan, R.1    Feffer, J.2
  • 141
    • 0346037906 scopus 로고
    • Women and Nationalism: On the Position of Women in the Nationalist Movements of the Balkan Peninsula
    • Dorothy J. Rosenberg trans., Bohlen, supra note 81, at 2
    • For one scholar's description of some of the ways that nationalism is bad for women, see Penka Angelova, Women and Nationalism: On the Position of Women in the Nationalist Movements of the Balkan Peninsula, 5 UCLA WOMEN'S L.J. 49, 54-61 (Dorothy J. Rosenberg trans., 1994); see also Bohlen, supra note 81, at 2 (describing nationalistic pro-natalism developing throughout countries in transition).
    • (1994) Ucla Women's L.J. , vol.5 , pp. 49
    • Angelova, P.1
  • 142
    • 84923716549 scopus 로고    scopus 로고
    • note
    • The Treaty of Rome, the founding document for the European Economic Community, now the European Union, provided for equal pay for equal work regardless of sex. This minor provision underpins the development of European Union sex discrimination law. More extensive protections could be inserted into trade agreements, such as NAFTA, as a condition for women's support.
  • 143
    • 84937304766 scopus 로고
    • A Page Was Turned in Cairo
    • See Richard Kieschten, A Page Was Turned in Cairo, 26 NAT'L J. 2178 (1994).
    • (1994) Nat'l J. , vol.26 , pp. 2178
    • Kieschten, R.1
  • 144
    • 84923716548 scopus 로고    scopus 로고
    • note
    • See, for example, the news release issued by the Holy See at the conclusion of the United Nations Fourth World Conference on Women. As a delegate to the Conference, I was present when a man in a priest's collar, apparently part of the delegation from the Holy See (or Vatican), distributed a gold-colored leaflet that encouraged countries to express reservations and to resist the supposed imperialist imposition of the Beijing Declaration and Platform for Action. I issued a leaflet the same day in response to this pressure tactic and to other manipulations by the Holy See and other antifeminist government delegations. Set PROFESSOR F. OLSEN, APPEAL TO DELEGATES (Sept. 13, 1995) (unpublished leaflet, on file with the Yale Law Journal).
  • 147
    • 84923716547 scopus 로고    scopus 로고
    • id. at 18-19
    • See id. at 18-19 (describing postwar social climate of antifeminism).
  • 149
    • 11944260248 scopus 로고
    • Telling Stories about Women and Work: Judicial Interpretations of Sex Segregation in the Workplace in Title VII Cases Raising the Lack of Interest Argument
    • One might have thought that this claim had already been disproven before and during the Second World War, but it seems to spring up again almost every decade. The modern approach is to argue that women simply do not want to do particular kinds of work. For an analysis of this approach, see Vicki Schultz, Telling Stories About Women and Work: Judicial Interpretations of Sex Segregation in the Workplace in Title VII Cases Raising the Lack of Interest Argument, 103 HARV. L. REV. 1749, 1799-815 (1990).
    • (1990) Harv. L. Rev. , vol.103 , pp. 1749
    • Schultz, V.1
  • 150
    • 84923716546 scopus 로고    scopus 로고
    • note
    • See Bohlen, supra note 81, at 2 ("With notable exceptions, women were often shunted into feminized professions, such as teaching or medicine, where both the pay and the prestige were correspondingly low."). I also heard these claims throughout my childhood. The main evidence they gave of this allegedly lower status was that doctors in the Soviet Union did not earn the very high salaries that many American doctors began successfully to demand for themselves. Even if the lower salary could be translated into lower status, it is not clear why that should discount the American feminist assertions about the ability of women to practice medicine. Of course, there is no logical basis for believing that there is any connection between women's medical abilities and the low status said to be enjoyed by doctors in the Soviet Union; the quick dismissal, however, of the assertion that many Soviet doctors were women and that this mattered was akin to the general dismissal of any experience from the Soviet Union as proving anything worthwhile. More recently, at a conference held at the University of Connecticut, see supra note 24, I have heard Russian women make a similar claim about the low status of doctors; they make the assertion as part of a feminist critique of the superficiality of the improvement in the status of women in the Soviet Union, not to discount women's equality in general.
  • 151
    • 0003779733 scopus 로고
    • A further example is provided by Nepal, where a large portion of law professors are women, but the profession is of relatively low status. Women are attracted to legal academia because they can coordinate it with child care better than they can coordinate most legal jobs. Interview with Women Law Professors, including Kusum Saakha and Society for Constitutional and Parliamentary Exercise (S.C.O.P.E.) members in Kathmandu, Nepal (July 7, 1991); see also PHILIP BLUMSTEIN & PEPPER SCHWARTZ, AMERICAN COUPLES: MONEY, WORK, SEX 144 (1983); Frances Olsen, Does Enough Work Make Women Free? Part-Time and Full-Time Work Strategies for Women, 53 INDIAN J. SOC. WORK 599, 606 (1992) (explaining that law teaching in Nepal has low prestige and is considered part-time work because it is done by women).
    • (1983) American Couples: Money, Work, Sex , pp. 144
    • Blumstein, P.1    Schwartz, P.2
  • 152
    • 84933490342 scopus 로고
    • Does Enough Work Make Women Free? Part-Time and Full-Time Work Strategies for Women
    • A further example is provided by Nepal, where a large portion of law professors are women, but the profession is of relatively low status. Women are attracted to legal academia because they can coordinate it with child care better than they can coordinate most legal jobs. Interview with Women Law Professors, including Kusum Saakha and Society for Constitutional and Parliamentary Exercise (S.C.O.P.E.) members in Kathmandu, Nepal (July 7, 1991); see also PHILIP BLUMSTEIN & PEPPER SCHWARTZ, AMERICAN COUPLES: MONEY, WORK, SEX 144 (1983); Frances Olsen, Does Enough Work Make Women Free? Part-Time and Full-Time Work Strategies for Women, 53 INDIAN J. SOC. WORK 599, 606 (1992) (explaining that law teaching in Nepal has low prestige and is considered part-time work because it is done by women).
    • (1992) Indian J. Soc. Work , vol.53 , pp. 599
    • Olsen, F.1
  • 153
    • 0346037922 scopus 로고
    • BLUMSTEIN & SCHWARTZ, supra note 92, at 144
    • See GISELA KAPLAN, CONTEMPORARY WESTERN EUROPEAN FEMINISM 38-41 (1992); see also BLUMSTEIN & SCHWARTZ, supra note 92, at 144.
    • (1992) Contemporary Western European Feminism , pp. 38-41
    • Kaplan, G.1
  • 154
    • 84923733884 scopus 로고    scopus 로고
    • Introduction to Women in the Precommunist Period
    • supra note 61
    • See Sharon Wolchik, Introduction to Women in the Precommunist Period, in WOMEN, STATE AND PARTY IN EASTERN EUROPE, supra note 61, at 45, 49 (discussing claims of activists in Czechoslovakia, Ukraine, and Yugoslavia).
    • Women, State and Party in Eastern Europe , pp. 45
    • Wolchik, S.1
  • 155
    • 84923742835 scopus 로고
    • While many associate the slogan "Kinder, Kirche, Küche" with the Nazi view of women, the phrase actually originated before the Nazi era. See LOUIS L. SNYDER, ENCYCLOPEDIA OF THE THIRD REICH 194 (1976); see also Renate Bridenthal & Claudia Koonz, Beyond Kinder, Küche, Kirche: Weimar Women in Politics and Work, in WHEN BIOLOGY BECAME DESTINY: WOMEN IN WEIMAR AND NAZI GERMANY 33, 54-57 (Renate Bridenthal et al. eds., 1984) (explaining continuing appeal of conservative antifeminism to women as related to shallowness and superficiality of supposed equality enacted in Weimar constitution). A 1934 speech of Hitler captures some of the Nazi ideology of gender relations: [T]he world of woman . . . is her husband, her family, her children, and her house. . . . Providence has assigned woman the task of caring for this world of her own, and only from this can the man construct and mold his world. These two worlds are therefore never in conflict. They complement each other, they belong together, like man and woman belong together. We do not think it is proper if woman invades the world of the man and enters his territory; instead we think it is natural for these worlds to remain apart. One is characterized by strength of feeling, strength of soul! While the other requires strength of vision, toughness, determination, and willingness to sacrifice! Adolf Hitler, The Role of Women in the Volksgemeinschaft, in INSIDE HITLER'S GERMANY 262 (Benjamin C. Sax & Dieter Kuntz eds., 1992). Similarly, the guidelines of the Party issued in 1933 to the National Socialist Women's League provided in part as follows: We reject the misguided direction of the democratic-liberalistic-international women's movement because they have not discovered new paths based on God and nationhood, and which are rooted in women's souls; instead they represent the point of view that women are competitive with [or equal to] men, and in the demands they have raised they have elevated temporary stopgap mesures to the position of a fundamental principle. This has resulted in the creation of a motherhood that has misplaced its energies and that has not understood its task in Germany's time of need. The National Socialist Women's League, in INSIDE HITLER'S GERMANY, supra, at 265.
    • (1976) Encyclopedia of the Third Reich , pp. 194
    • Snyder, L.L.1
  • 156
    • 0003198436 scopus 로고
    • Beyond Kinder, Küche, Kirche: Weimar Women in Politics and Work
    • Renate Bridenthal et al. eds.
    • While many associate the slogan "Kinder, Kirche, Küche" with the Nazi view of women, the phrase actually originated before the Nazi era. See LOUIS L. SNYDER, ENCYCLOPEDIA OF THE THIRD REICH 194 (1976); see also Renate Bridenthal & Claudia Koonz, Beyond Kinder, Küche, Kirche: Weimar Women in Politics and Work, in WHEN BIOLOGY BECAME DESTINY: WOMEN IN WEIMAR AND NAZI GERMANY 33, 54-57 (Renate Bridenthal et al. eds., 1984) (explaining continuing appeal of conservative antifeminism to women as related to shallowness and superficiality of supposed equality enacted in Weimar constitution). A 1934 speech of Hitler captures some of the Nazi ideology of gender relations: [T]he world of woman . . . is her husband, her family, her children, and her house. . . . Providence has assigned woman the task of caring for this world of her own, and only from this can the man construct and mold his world. These two worlds are therefore never in conflict. They complement each other, they belong together, like man and woman belong together. We do not think it is proper if woman invades the world of the man and enters his territory; instead we think it is natural for these worlds to remain apart. One is characterized by strength of feeling, strength of soul! While the other requires strength of vision, toughness, determination, and willingness to sacrifice! Adolf Hitler, The Role of Women in the Volksgemeinschaft, in INSIDE HITLER'S GERMANY 262 (Benjamin C. Sax & Dieter Kuntz eds., 1992). Similarly, the guidelines of the Party issued in 1933 to the National Socialist Women's League provided in part as follows: We reject the misguided direction of the democratic-liberalistic-international women's movement because they have not discovered new paths based on God and nationhood, and which are rooted in women's souls; instead they represent the point of view that women are competitive with [or equal to] men, and in the demands they have raised they have elevated temporary stopgap mesures to the position of a fundamental principle. This has resulted in the creation of a motherhood that has misplaced its energies and that has not understood its task in Germany's time of need. The National Socialist Women's League, in INSIDE HITLER'S GERMANY, supra, at 265.
    • (1984) When Biology Became Destiny: Women in Weimar and Nazi Germany , pp. 33
    • Bridenthal, R.1    Koonz, C.2
  • 157
    • 0346037898 scopus 로고
    • The Role of Women in the Volksgemeinschaft
    • Benjamin C. Sax & Dieter Kuntz eds.
    • While many associate the slogan "Kinder, Kirche, Küche" with the Nazi view of women, the phrase actually originated before the Nazi era. See LOUIS L. SNYDER, ENCYCLOPEDIA OF THE THIRD REICH 194 (1976); see also Renate Bridenthal & Claudia Koonz, Beyond Kinder, Küche, Kirche: Weimar Women in Politics and Work, in WHEN BIOLOGY BECAME DESTINY: WOMEN IN WEIMAR AND NAZI GERMANY 33, 54-57 (Renate Bridenthal et al. eds., 1984) (explaining continuing appeal of conservative antifeminism to women as related to shallowness and superficiality of supposed equality enacted in Weimar constitution). A 1934 speech of Hitler captures some of the Nazi ideology of gender relations: [T]he world of woman . . . is her husband, her family, her children, and her house. . . . Providence has assigned woman the task of caring for this world of her own, and only from this can the man construct and mold his world. These two worlds are therefore never in conflict. They complement each other, they belong together, like man and woman belong together. We do not think it is proper if woman invades the world of the man and enters his territory; instead we think it is natural for these worlds to remain apart. One is characterized by strength of feeling, strength of soul! While the other requires strength of vision, toughness, determination, and willingness to sacrifice! Adolf Hitler, The Role of Women in the Volksgemeinschaft, in INSIDE HITLER'S GERMANY 262 (Benjamin C. Sax & Dieter Kuntz eds., 1992). Similarly, the guidelines of the Party issued in 1933 to the National Socialist Women's League provided in part as follows: We reject the misguided direction of the democratic-liberalistic-international women's movement because they have not discovered new paths based on God and nationhood, and which are rooted in women's souls; instead they represent the point of view that women are competitive with [or equal to] men, and in the demands they have raised they have elevated temporary stopgap mesures to the position of a fundamental principle. This has resulted in the creation of a motherhood that has misplaced its energies and that has not understood its task in Germany's time of need. The National Socialist Women's League, in INSIDE HITLER'S GERMANY, supra, at 265.
    • (1992) Inside Hitler's Germany , pp. 262
    • Hitler, A.1
  • 158
    • 84923724537 scopus 로고    scopus 로고
    • The National Socialist Women's League
    • supra
    • While many associate the slogan "Kinder, Kirche, Küche" with the Nazi view of women, the phrase actually originated before the Nazi era. See LOUIS L. SNYDER, ENCYCLOPEDIA OF THE THIRD REICH 194 (1976); see also Renate Bridenthal & Claudia Koonz, Beyond Kinder, Küche, Kirche: Weimar Women in Politics and Work, in WHEN BIOLOGY BECAME DESTINY: WOMEN IN WEIMAR AND NAZI GERMANY 33, 54-57 (Renate Bridenthal et al. eds., 1984) (explaining continuing appeal of conservative antifeminism to women as related to shallowness and superficiality of supposed equality enacted in Weimar constitution). A 1934 speech of Hitler captures some of the Nazi ideology of gender relations: [T]he world of woman . . . is her husband, her family, her children, and her house. . . . Providence has assigned woman the task of caring for this world of her own, and only from this can the man construct and mold his world. These two worlds are therefore never in conflict. They complement each other, they belong together, like man and woman belong together. We do not think it is proper if woman invades the world of the man and enters his territory; instead we think it is natural for these worlds to remain apart. One is characterized by strength of feeling, strength of soul! While the other requires strength of vision, toughness, determination, and willingness to sacrifice! Adolf Hitler, The Role of Women in the Volksgemeinschaft, in INSIDE HITLER'S GERMANY 262 (Benjamin C. Sax & Dieter Kuntz eds., 1992). Similarly, the guidelines of the Party issued in 1933 to the National Socialist Women's League provided in part as follows: We reject the misguided direction of the
    • Inside Hitler's Germany , pp. 265
  • 159
    • 26744442287 scopus 로고    scopus 로고
    • Awaiting Another Revolution
    • Dec. 4
    • See, e.g., Carol J. Williams, Awaiting Another Revolution, L.A. TIMES, Dec. 4, 1996 at A1 (stating that Soviet-era Parliament included approximately 15% to 20% women, but they were powerless to change anything and that Communist parties in Russia continue to employ "patronizing quotas for women while other parties retain resentment of Communist-era tokenism). To the extent that the government positions lacked power, the idea that women were selected on the basis that they did not threaten the men may well be an American projection. See generally Frances Olsen, Affirmative Action: Necessary but Not Sufficient, 71 CHI.-KENT L. REV. 937, 941-42 (showing why American law faculties may prefer least threatening women and minority faculty candidates rather than most promising ones).
    • (1996) L.A. Times
    • Williams, C.J.1
  • 160
    • 84923730384 scopus 로고    scopus 로고
    • Affirmative Action: Necessary but Not Sufficient
    • See, e.g., Carol J. Williams, Awaiting Another Revolution, L.A. TIMES, Dec. 4, 1996 at A1 (stating that Soviet-era Parliament included approximately 15% to 20% women, but they were powerless to change anything and that Communist parties in Russia continue to employ "patronizing quotas for women while other parties retain resentment of Communist-era tokenism). To the extent that the government positions lacked power, the idea that women were selected on the basis that they did not threaten the men may well be an American projection. See generally Frances Olsen, Affirmative Action: Necessary but Not Sufficient, 71 CHI.-KENT L. REV. 937, 941-42 (showing why American law faculties may prefer least threatening women and minority faculty candidates rather than most promising ones).
    • Chi.-Kent L. Rev. , vol.71 , pp. 937
    • Olsen, F.1
  • 161
    • 84923739459 scopus 로고    scopus 로고
    • supra note 64
    • See, e.g., Rosenberg, Shock Therapy, supra note 64, at 136-38 (discussing role of women in East Germany). These countries were also seriously in need of labor power to rebuild after the destruction of the war. Thus employment of women in work outside the domestic sphere was attractive to the governments quite aside from ideology. For discussion of ideology, see Hermine G. De Soto, Equality/Inequality: Contesting Female Personhood in the Process of Making Civil Society in Eastern Germany, in THE CURTAIN RISES: RETHINKING CULTURE, IDEOLOGY, AND THE STATE IN EASTERN EUROPE 289, 290-94 (Hermine G. De Soto & David G. Anderson eds., 1993). One observer asserted that Romanian government policy in support of women's equality would have shifted if President Nicolae Ceausescu's economic policy were effective, thereby "rais[ing] labor productivity, eas[ing] the labor shortage, and reduc[ing] the need for women in the economy." Mary Ellen Fischer, Women in Romanian Politics: Elena Ceausescu, Pronatalism, and the Promotion of Women, in WOMEN, STATE, AND PARTY IN EASTERN EUROPE, supra note 61, at 121, 137.
    • Shock Therapy , pp. 136-138
    • Rosenberg1
  • 162
    • 0347299399 scopus 로고
    • Equality/Inequality: Contesting Female Personhood in the Process of Making Civil Society in Eastern Germany
    • Hermine G. De Soto & David G. Anderson eds.
    • See, e.g., Rosenberg, Shock Therapy, supra note 64, at 136-38 (discussing role of women in East Germany). These countries were also seriously in need of labor power to rebuild after the destruction of the war. Thus employment of women in work outside the domestic sphere was attractive to the governments quite aside from ideology. For discussion of ideology, see Hermine G. De Soto, Equality/Inequality: Contesting Female Personhood in the Process of Making Civil Society in Eastern Germany, in THE CURTAIN RISES: RETHINKING CULTURE, IDEOLOGY, AND THE STATE IN EASTERN EUROPE 289, 290-94 (Hermine G. De Soto & David G. Anderson eds., 1993). One observer asserted that Romanian government policy in support of women's equality would have shifted if President Nicolae Ceausescu's economic policy were effective, thereby "rais[ing] labor productivity, eas[ing] the labor shortage, and reduc[ing] the need for women in the economy." Mary Ellen Fischer, Women in Romanian Politics: Elena Ceausescu, Pronatalism, and the Promotion of Women, in WOMEN, STATE, AND PARTY IN EASTERN EUROPE, supra note 61, at 121, 137.
    • (1993) The Curtain Rises: Rethinking Culture, Ideology, and the State in Eastern Europe , pp. 289
    • De Soto, H.G.1
  • 163
    • 85008613032 scopus 로고    scopus 로고
    • Women in Romanian Politics: Elena Ceausescu, Pronatalism, and the Promotion of Women
    • supra note 61
    • See, e.g., Rosenberg, Shock Therapy, supra note 64, at 136-38 (discussing role of women in East Germany). These countries were also seriously in need of labor power to rebuild after the destruction of the war. Thus employment of women in work outside the domestic sphere was attractive to the governments quite aside from ideology. For discussion of ideology, see Hermine G. De Soto, Equality/Inequality: Contesting Female Personhood in the Process of Making Civil Society in Eastern Germany, in THE CURTAIN RISES: RETHINKING CULTURE, IDEOLOGY, AND THE STATE IN EASTERN EUROPE 289, 290-94 (Hermine G. De Soto & David G. Anderson eds., 1993). One observer asserted that Romanian government policy in support of women's equality would have shifted if President Nicolae Ceausescu's economic policy were effective, thereby "rais[ing] labor productivity, eas[ing] the labor shortage, and reduc[ing] the need for women in the economy." Mary Ellen Fischer, Women in Romanian Politics: Elena Ceausescu, Pronatalism, and the Promotion of Women, in WOMEN, STATE, AND PARTY IN EASTERN EUROPE, supra note 61, at 121, 137.
    • Women, State, and Party in Eastern Europe , pp. 121
    • Fischer, M.E.1
  • 164
    • 84923726777 scopus 로고    scopus 로고
    • supra note 61
    • See Jane S. Jaquette, Foreword to WOMEN, STATE, AND PARTY IN EASTERN EUROPE, supra note 61, at xiii, xiv. She writes: [T]he experience of Eastern European women illustrates, in part because government policies have gone much further than our current consensus in the West (excluding Scandinavia) will allow, the limits of government-sponsored change. It also proves beyond a shadow of a doubt that such sponsorship, though it makes a real difference, falls short of our vision. Id.
    • Foreword to Women, State, and Party in Eastern Europe
    • Jaquette, J.S.1
  • 165
    • 84923716545 scopus 로고    scopus 로고
    • id.
    • See id.
  • 166
    • 84923716544 scopus 로고    scopus 로고
    • note
    • Interview with Members of Women's Committee, I.G. Metall Union Offices, Frankfurt/Main, Germany (Spring 1992).
  • 167
    • 84923716543 scopus 로고    scopus 로고
    • note
    • Interview with Vika Potochik, Member of Parliament and Chairwoman, Commission for Women's Politics of the National Assembly of Slovenia; Danica Simsic, Member of Parliament and Member of Commission for Women's Politics of the National Assembly of Slovenia; and Bojan Bugaric, University of Ljubljana, in the Parliamentary Offices of Vika Potochik, National Assembly, Ljubljana, Slovenia (Oct. 3, 1996).
  • 168
    • 84923716542 scopus 로고    scopus 로고
    • Id.
    • Id.
  • 169
    • 84923716541 scopus 로고    scopus 로고
    • Id.
    • Id.
  • 171
    • 0026230955 scopus 로고
    • Legal Regulation of Abortion in Poland
    • There seems to be an interesting contrast between economic welfare and the issue of reproductive freedom. The deteriorating economic position of women in many countries of Central and Eastern Europe occurs despite the law and often in violation of the law, as suggested by the examples from eastern Germany and Slovenia. Deterioration of the opportunity for birth control and abortion seems to occur primarily through changes in the law. The main exception was an administrative regulation in Poland which restricted access before the parliament enacted its restrictive law. See Malgorzata Fuszara, Legal Regulation of Abortion in Poland, 17 SIGNS 117, 123 (1991 ). Preventing abortion, or more accurately criminalizing abortion, appears to be ideologically important to certain Catholics and conservatives. See JOHN PAUL II, CROSSING THE THRESHOLD OF HOPE 204-11 (Jenny McPhee & Martha McPhee trans., 1994); Bohlen, supra note 81; Kaufman, supra note 76 (reporting that deputy speaker of Polish Senate "has come under fierce attack by the Catholic Church for opposing the abortion bill"). The deterioration of women's economic circumstances, however, takes place outside the law and is presented as the "mere" side effect of economic transformation and moves toward "efficiency." See Bohlen, supra note 81.
    • (1991) Signs , vol.17 , pp. 117
    • Fuszara, M.1
  • 172
    • 0005331654 scopus 로고
    • Jenny McPhee & Martha McPhee trans.
    • There seems to be an interesting contrast between economic welfare and the issue of reproductive freedom. The deteriorating economic position of women in many countries of Central and Eastern Europe occurs despite the law and often in violation of the law, as suggested by the examples from eastern Germany and Slovenia. Deterioration of the opportunity for birth control and abortion seems to occur primarily through changes in the law. The main exception was an administrative regulation in Poland which restricted access before the parliament enacted its restrictive law. See Malgorzata Fuszara, Legal Regulation of Abortion in Poland, 17 SIGNS 117, 123 (1991 ). Preventing abortion, or more accurately criminalizing abortion, appears to be ideologically important to certain Catholics and conservatives. See JOHN PAUL II, CROSSING THE THRESHOLD OF HOPE 204-11 (Jenny McPhee & Martha McPhee trans., 1994); Bohlen, supra note 81; Kaufman, supra note 76 (reporting that deputy speaker of Polish Senate "has come under fierce attack by the Catholic Church for opposing the abortion bill"). The deterioration of women's economic circumstances, however, takes place outside the law and is presented as the "mere" side effect of economic transformation and moves toward "efficiency." See Bohlen, supra note 81.
    • (1994) Crossing the Threshold of Hope , pp. 204-211
    • Paul J. II1
  • 173
    • 84923716540 scopus 로고    scopus 로고
    • Interview with Vika Potochik, supra note 101
    • Interview with Vika Potochik, supra note 101.
  • 174
    • 84923716539 scopus 로고    scopus 로고
    • Id.
    • Id.
  • 175
    • 84923716538 scopus 로고    scopus 로고
    • Id.
    • Id.
  • 176
    • 84923716537 scopus 로고    scopus 로고
    • OFFICE FOR WOMEN'S POLICY, supra note 104
    • See OFFICE FOR WOMEN'S POLICY, supra note 104.
  • 177
    • 84923716536 scopus 로고    scopus 로고
    • See id. (noting that women worked 93.6% of hours men worked)
    • See id. (noting that women worked 93.6% of hours men worked).
  • 178
    • 84923716535 scopus 로고    scopus 로고
    • PROJECT REPORT, supra note 16, at 23-27
    • On the general high unemployment of women in Central and Eastern Europe, see PROJECT REPORT, supra note 16, at 23-27.
  • 179
    • 84923716534 scopus 로고    scopus 로고
    • § 218a Strafgesetzbuch [StGB] (F.R.G.) (amendment of June 18, 1974)
    • See § 218a Strafgesetzbuch [StGB] (F.R.G.) (amendment of June 18, 1974).
  • 180
    • 84923716533 scopus 로고    scopus 로고
    • Judgment of Feb. 25, 1975, Bundesverfassungsgericht [BVerfGE] 39, 1 (F.R.G.)
    • Judgment of Feb. 25, 1975, Bundesverfassungsgericht [BVerfGE] 39, 1 (F.R.G.).
  • 181
    • 0024767087 scopus 로고
    • The Supreme Court, 1988 Term - Comment, Unraveling Compromise
    • See § 218 (III)(2) StGB (amendment of Mar. 18, 1943); Frances Olsen, The Supreme Court, 1988 Term - Comment, Unraveling Compromise, 103 HARV. L. REV. 105, 132 (1989) (discussing Nazis' imposition of capital punishment for "aggravated cases").
    • (1989) Harv. L. Rev. , vol.103 , pp. 105
    • Olsen, F.1
  • 183
    • 11144318183 scopus 로고    scopus 로고
    • (Re)Inventing Berlin: Dialectics of Power, Symbols and Pasts, 1990-1995
    • forthcoming
    • See Hermine G. De Soto, (Re)Inventing Berlin: Dialectics of Power, Symbols and Pasts, 1990-1995, CITY & SOC'Y (forthcoming 1997).
    • (1997) City & Soc'y
    • De Soto, H.G.1
  • 184
    • 84923716532 scopus 로고    scopus 로고
    • See id.
    • See id.
  • 185
    • 84923716531 scopus 로고    scopus 로고
    • See id.
    • See id.
  • 186
    • 84923716530 scopus 로고    scopus 로고
    • Interview with Tom Raiser, Dean, Humboldt University, Berlin (May 24, 1995); Interview with Bernhard Schlink, Professor, Humboldt University, Berlin (June 22, 1994); Interview with Rosemarie Will, Professor, Humboldt University, Berlin (June 7, 1995)
    • Interview with Tom Raiser, Dean, Humboldt University, Berlin (May 24, 1995); Interview with Bernhard Schlink, Professor, Humboldt University, Berlin (June 22, 1994); Interview with Rosemarie Will, Professor, Humboldt University, Berlin (June 7, 1995).
  • 187
    • 84923716529 scopus 로고    scopus 로고
    • note
    • Interview with Tom Raiser, supra note 119; Interview with Rosemarie Will, supra note 119.
  • 188
    • 85050417461 scopus 로고
    • Employment Discrimination in the New Europe
    • In Germany, professors choose which individuals to accept as graduate students to pursue the doctorate and the habilitation, the advanced degrees needed to become a German professor. See Frances Olsen, Employment Discrimination in the New Europe, 20 J.L. & SOC'Y 131, 141-42 (1993). As in the United States, the support of a professor is important in obtaining a teaching position. See Robert Birmingham, Proving Miracles and the First Amendment, 5 GEO. MASON L. REV. 45, 48 (1996) ("[A]t German universities, talent descended from father to son-in-law, young academics marrying their professors' daughters, and thus improving their prospect of appointments to professorships.") (citing MARK KAC, ENIGMAS OF CHOICE: AN AUTOBIOGRAPHY 28 (1985)).
    • (1993) J.L. & Soc'y , vol.20 , pp. 131
    • Olsen, F.1
  • 189
    • 84923735111 scopus 로고    scopus 로고
    • Proving Miracles and the First Amendment
    • In Germany, professors choose which individuals to accept as graduate students to pursue the doctorate and the habilitation, the advanced degrees needed to become a German professor. See Frances Olsen, Employment Discrimination in the New Europe, 20 J.L. & SOC'Y 131, 141-42 (1993). As in the United States, the support of a professor is important in obtaining a teaching position. See Robert Birmingham, Proving Miracles and the First Amendment, 5 GEO. MASON L. REV. 45, 48 (1996) ("[A]t German universities, talent descended from father to son-in-law, young academics marrying their professors' daughters, and thus improving their prospect of appointments to professorships.") (citing MARK KAC, ENIGMAS OF CHOICE: AN AUTOBIOGRAPHY 28 (1985)).
    • (1996) Geo. Mason L. Rev. , vol.5 , pp. 45
    • Birmingham, R.1
  • 190
    • 84923703399 scopus 로고
    • In Germany, professors choose which individuals to accept as graduate students to pursue the doctorate and the habilitation, the advanced degrees needed to become a German professor. See Frances Olsen, Employment Discrimination in the New Europe, 20 J.L. & SOC'Y 131, 141-42 (1993). As in the United States, the support of a professor is important in obtaining a teaching position. See Robert Birmingham, Proving Miracles and the First Amendment, 5 GEO. MASON L. REV. 45, 48 (1996) ("[A]t German universities, talent descended from father to son-in-law, young academics marrying their professors' daughters, and thus improving their prospect of appointments to professorships.") (citing MARK KAC, ENIGMAS OF CHOICE: AN AUTOBIOGRAPHY 28 (1985)).
    • (1985) Enigmas of Choice: An Autobiography , pp. 28
    • Kac, M.1
  • 191
    • 84923716528 scopus 로고    scopus 로고
    • Interview with Alenka Selih, Ljubjlana, Slovenia, Oct. 4, 1996
    • Interview with Alenka Selih, Ljubjlana, Slovenia, Oct. 4, 1996.
  • 192
    • 84923716527 scopus 로고    scopus 로고
    • Id.; Interview with Bojan Bugaric, Ljubjlana, Slovenia, Sept. 27, 1996
    • Id.; Interview with Bojan Bugaric, Ljubjlana, Slovenia, Sept. 27, 1996.
  • 193
    • 0347299381 scopus 로고
    • Serbian General Who Calls the Shots: Determined and Calling West's Bluff
    • Apr. 17, § 1
    • See generally Roger Cohen, Serbian General Who Calls the Shots: Determined and Calling West's Bluff, N.Y. TIMES, Apr. 17, 1994, § 1, at 12 ("[P]rovocations directed at the Serbian minority by the Croatian President, Franjo Tudjman [include] the banning of the Cyrillic script in Croatia, the removal of some Serbs from public administration posts, and the initial tolerance of the use of Ustashe, or Croatian fascist, symbols."). Furthermore, [i]n one of his first acts, Mr. Tudjman decreed that Croatia should adopt a red-and-white checkerboard coat of arms that closely resembles the symbol of the fascist Ustashe state. That coat of arms is now part of the Croatian flag. . . . [T]he Croatian Parliament accepted Mr. Tudjman's recommendation that the country adopt a new currency and call it the Kuna, which was the name of the national currency during the Ustashe period. Stephen Kinzer, Pro-Nazi Rulers' Legacy Still Lingers for Croatia, N.Y. TIMES, Oct. 31, 1993, § 1, at 10.
    • (1994) N.Y. Times , pp. 12
    • Cohen, R.1
  • 194
    • 0347929436 scopus 로고
    • Pro-Nazi Rulers' Legacy Still Lingers for Croatia
    • Oct. 31, § 1
    • See generally Roger Cohen, Serbian General Who Calls the Shots: Determined and Calling West's Bluff, N.Y. TIMES, Apr. 17, 1994, § 1, at 12 ("[P]rovocations directed at the Serbian minority by the Croatian President, Franjo Tudjman [include] the banning of the Cyrillic script in Croatia, the removal of some Serbs from public administration posts, and the initial tolerance of the use of Ustashe, or Croatian fascist, symbols."). Furthermore, [i]n one of his first acts, Mr. Tudjman decreed that Croatia should adopt a red-and-white checkerboard coat of arms that closely resembles the symbol of the fascist Ustashe state. That coat of arms is now part of the Croatian flag. . . . [T]he Croatian Parliament accepted Mr. Tudjman's recommendation that the country adopt a new currency and call it the Kuna, which was the name of the national currency during the Ustashe period. Stephen Kinzer, Pro-Nazi Rulers' Legacy Still Lingers for Croatia, N.Y. TIMES, Oct. 31, 1993, § 1, at 10.
    • (1993) N.Y. Times , pp. 10
    • Kinzer, S.1
  • 195
    • 0347929427 scopus 로고
    • A Would-Be Tito Helps to Dismantle His Legacy
    • Aug. 20, § 1
    • On the importance of foreign money, see Raymond Bonner, A Would-Be Tito Helps to Dismantle His Legacy, N.Y. TIMES, Aug. 20, 1995, § 1, at 12 ("[T]he Croatian Democratic Union . . . won the first elections, helped by financing from anti-Communist Croatian émigrés in the United States and Canada."); Kinzer, supra note 124, at 10 ("Mr. Tudjman's refusal to condemn the Ustashe legacy helps solidify his support among some Croatian nationalists and among rightist Croatian exiles who contribute to his political campaigns.").
    • (1995) N.Y. Times , pp. 12
    • Bonner, R.1
  • 196
    • 27844465157 scopus 로고
    • This was how the United States smuggled Klaus Barbie, the "Butcher of Lyon," out of Europe, in March 1951, before the French could lay hands on him. After the French finally successfully extradited Barbie as a war criminal, in February 1983, a flurry of articles explained how the American Counter Intelligence Corps (CIC) paid a Croatian Catholic priest. Father Krunosla Draganovic, to smuggle Barbie and thousands of other Nazi war criminals out of Europe with the active assistance of the Vatican and the International Red Cross through what became known as the "Ratline." See CHARLES R. ALLEN, JR., NAZI WAR CRIMINALS IN AMERICA: FACTS . . . ACTION: THE BASIC HANDBOOK 37-39, 41 (1985); HAIM GENIZI, AMERICA'S FAIR SHARE: THE ADMISSION AND RESETTLEMENT OF DISPLACED PERSONS, 1945-1952, at 88-92 (1993); ALLAN A. RYAN, KLAUS BARBIE AND THE UNITED STATES GOVERNMENT: A REPORT TO THE ATTORNEY GENERAL OF THE UNITED STATES 135-63 (1983); CHRISTOPHER SIMPSON, BLOWBACK: AMERICA'S RECRUITMENT OF NAZIS AND ITS EFFECTS ON THE COLD WAR 176-85 (1988); Obituary of Klaus Barbie, DAILY TELEGRAPH, Sept. 27, 1991, at 19; Priest Linked to Escape of Barbie, RECORD (Bergen, N.J.), May 8, 1986, at A8; Richard Rashke, Dominique D'Ermo and the Plot to Kill Klaus Barbie, REGARDIE'S MAG., Oct. 1989, at 92; Alexander Zvielli, Unveiled Top-Secret Report Reveals: The Rat Route, JERUSALEM POST, Dec. 4, 1990, at 1.
    • (1985) Nazi War Criminals in America: Facts . . . Action: The Basic Handbook , pp. 37-39
    • Allen C.R., Jr.1
  • 197
    • 84885778211 scopus 로고
    • This was how the United States smuggled Klaus Barbie, the "Butcher of Lyon," out of Europe, in March 1951, before the French could lay hands on him. After the French finally successfully extradited Barbie as a war criminal, in February 1983, a flurry of articles explained how the American Counter Intelligence Corps (CIC) paid a Croatian Catholic priest. Father Krunosla Draganovic, to smuggle Barbie and thousands of other Nazi war criminals out of Europe with the active assistance of the Vatican and the International Red Cross through what became known as the "Ratline." See CHARLES R. ALLEN, JR., NAZI WAR CRIMINALS IN AMERICA: FACTS . . . ACTION: THE BASIC HANDBOOK 37-39, 41 (1985); HAIM GENIZI, AMERICA'S FAIR SHARE: THE ADMISSION AND RESETTLEMENT OF DISPLACED PERSONS, 1945-1952, at 88-92 (1993); ALLAN A. RYAN, KLAUS BARBIE AND THE UNITED STATES GOVERNMENT: A REPORT TO THE ATTORNEY GENERAL OF THE UNITED STATES 135-63 (1983); CHRISTOPHER SIMPSON, BLOWBACK: AMERICA'S RECRUITMENT OF NAZIS AND ITS EFFECTS ON THE COLD WAR 176-85 (1988); Obituary of Klaus Barbie, DAILY TELEGRAPH, Sept. 27, 1991, at 19; Priest Linked to Escape of Barbie, RECORD (Bergen, N.J.), May 8, 1986, at A8; Richard Rashke, Dominique D'Ermo and the Plot to Kill Klaus Barbie, REGARDIE'S MAG., Oct. 1989, at 92; Alexander Zvielli, Unveiled Top-Secret Report Reveals: The Rat Route, JERUSALEM POST, Dec. 4, 1990, at 1.
    • (1993) America's Fair Share: The Admission and Resettlement of Displaced Persons, 1945-1952 , pp. 88-92
    • Genizi, H.1
  • 198
    • 84923759631 scopus 로고
    • This was how the United States smuggled Klaus Barbie, the "Butcher of Lyon," out of Europe, in March 1951, before the French could lay hands on him. After the French finally successfully extradited Barbie as a war criminal, in February 1983, a flurry of articles explained how the American Counter Intelligence Corps (CIC) paid a Croatian Catholic priest. Father Krunosla Draganovic, to smuggle Barbie and thousands of other Nazi war criminals out of Europe with the active assistance of the Vatican and the International Red Cross through what became known as the "Ratline." See CHARLES R. ALLEN, JR., NAZI WAR CRIMINALS IN AMERICA: FACTS . . . ACTION: THE BASIC HANDBOOK 37-39, 41 (1985); HAIM GENIZI, AMERICA'S FAIR SHARE: THE ADMISSION AND RESETTLEMENT OF DISPLACED PERSONS, 1945-1952, at 88-92 (1993); ALLAN A. RYAN, KLAUS BARBIE AND THE UNITED STATES GOVERNMENT: A REPORT TO THE ATTORNEY GENERAL OF THE UNITED STATES 135-63 (1983); CHRISTOPHER SIMPSON, BLOWBACK: AMERICA'S RECRUITMENT OF NAZIS AND ITS EFFECTS ON THE COLD WAR 176-85 (1988); Obituary of Klaus Barbie, DAILY TELEGRAPH, Sept. 27, 1991, at 19; Priest Linked to Escape of Barbie, RECORD (Bergen, N.J.), May 8, 1986, at A8; Richard Rashke, Dominique D'Ermo and the Plot to Kill Klaus Barbie, REGARDIE'S MAG., Oct. 1989, at 92; Alexander Zvielli, Unveiled Top-Secret Report Reveals: The Rat Route, JERUSALEM POST, Dec. 4, 1990, at 1.
    • (1983) Klaus Barbie and the United States Government: A Report to the Attorney General of the United States , pp. 135-163
    • Ryan, A.A.1
  • 199
    • 0009264877 scopus 로고
    • This was how the United States smuggled Klaus Barbie, the "Butcher of Lyon," out of Europe, in March 1951, before the French could lay hands on him. After the French finally successfully extradited Barbie as a war criminal, in February 1983, a flurry of articles explained how the American Counter Intelligence Corps (CIC) paid a Croatian Catholic priest. Father Krunosla Draganovic, to smuggle Barbie and thousands of other Nazi war criminals out of Europe with the active assistance of the Vatican and the International Red Cross through what became known as the "Ratline." See CHARLES R. ALLEN, JR., NAZI WAR CRIMINALS IN AMERICA: FACTS . . . ACTION: THE BASIC HANDBOOK 37-39, 41 (1985); HAIM GENIZI, AMERICA'S FAIR SHARE: THE ADMISSION AND RESETTLEMENT OF DISPLACED PERSONS, 1945-1952, at 88-92 (1993); ALLAN A. RYAN, KLAUS BARBIE AND THE UNITED STATES GOVERNMENT: A REPORT TO THE ATTORNEY GENERAL OF THE UNITED STATES 135-63 (1983); CHRISTOPHER SIMPSON, BLOWBACK: AMERICA'S RECRUITMENT OF NAZIS AND ITS EFFECTS ON THE COLD WAR 176-85 (1988); Obituary of Klaus Barbie, DAILY TELEGRAPH, Sept. 27, 1991, at 19; Priest Linked to Escape of Barbie, RECORD (Bergen, N.J.), May 8, 1986, at A8; Richard Rashke, Dominique D'Ermo and the Plot to Kill Klaus Barbie, REGARDIE'S MAG., Oct. 1989, at 92; Alexander Zvielli, Unveiled Top-Secret Report Reveals: The Rat Route, JERUSALEM POST, Dec. 4, 1990, at 1.
    • (1988) Blowback: America's Recruitment of Nazis and Its Effects on the Cold War , pp. 176-185
    • Simpson, C.1
  • 200
    • 0347929440 scopus 로고
    • Obituary of Klaus Barbie
    • Sept. 27
    • This was how the United States smuggled Klaus Barbie, the "Butcher of Lyon," out of Europe, in March 1951, before the French could lay hands on him. After the French finally successfully extradited Barbie as a war criminal, in February 1983, a flurry of articles explained how the American Counter Intelligence Corps (CIC) paid a Croatian Catholic priest. Father Krunosla Draganovic, to smuggle Barbie and thousands of other Nazi war criminals out of Europe with the active assistance of the Vatican and the International Red Cross through what became known as the "Ratline." See CHARLES R. ALLEN, JR., NAZI WAR CRIMINALS IN AMERICA: FACTS . . . ACTION: THE BASIC HANDBOOK 37-39, 41 (1985); HAIM GENIZI, AMERICA'S FAIR SHARE: THE ADMISSION AND RESETTLEMENT OF DISPLACED PERSONS, 1945-1952, at 88-92 (1993); ALLAN A. RYAN, KLAUS BARBIE AND THE UNITED STATES GOVERNMENT: A REPORT TO THE ATTORNEY GENERAL OF THE UNITED STATES 135-63 (1983); CHRISTOPHER SIMPSON, BLOWBACK: AMERICA'S RECRUITMENT OF NAZIS AND ITS EFFECTS ON THE COLD WAR 176-85 (1988); Obituary of Klaus Barbie, DAILY TELEGRAPH, Sept. 27, 1991, at 19; Priest Linked to Escape of Barbie, RECORD (Bergen, N.J.), May 8, 1986, at A8; Richard Rashke, Dominique D'Ermo and the Plot to Kill Klaus Barbie, REGARDIE'S MAG., Oct. 1989, at 92; Alexander Zvielli, Unveiled Top-Secret Report Reveals: The Rat Route, JERUSALEM POST, Dec. 4, 1990, at 1.
    • (1991) Daily Telegraph , pp. 19
  • 201
    • 26744452502 scopus 로고
    • Priest Linked to Escape of Barbie
    • May 8
    • This was how the United States smuggled Klaus Barbie, the "Butcher of Lyon," out of Europe, in March 1951, before the French could lay hands on him. After the French finally successfully extradited Barbie as a war criminal, in February 1983, a flurry of articles explained how the American Counter Intelligence Corps (CIC) paid a Croatian Catholic priest. Father Krunosla Draganovic, to smuggle Barbie and thousands of other Nazi war criminals out of Europe with the active assistance of the Vatican and the International Red Cross through what became known as the "Ratline." See CHARLES R. ALLEN, JR., NAZI WAR CRIMINALS IN AMERICA: FACTS . . . ACTION: THE BASIC HANDBOOK 37-39, 41 (1985); HAIM GENIZI, AMERICA'S FAIR SHARE: THE ADMISSION AND RESETTLEMENT OF DISPLACED PERSONS, 1945-1952, at 88-92 (1993); ALLAN A. RYAN, KLAUS BARBIE AND THE UNITED STATES GOVERNMENT: A REPORT TO THE ATTORNEY GENERAL OF THE UNITED STATES 135-63 (1983); CHRISTOPHER SIMPSON, BLOWBACK: AMERICA'S RECRUITMENT OF NAZIS AND ITS EFFECTS ON THE COLD WAR 176-85 (1988); Obituary of Klaus Barbie, DAILY TELEGRAPH, Sept. 27, 1991, at 19; Priest Linked to Escape of Barbie, RECORD (Bergen, N.J.), May 8, 1986, at A8; Richard Rashke, Dominique D'Ermo and the Plot to Kill Klaus Barbie, REGARDIE'S MAG., Oct. 1989, at 92; Alexander Zvielli, Unveiled Top-Secret Report Reveals: The Rat Route, JERUSALEM POST, Dec. 4, 1990, at 1.
    • (1986) Record
    • Bergen, N.J.1
  • 202
    • 0346668916 scopus 로고
    • Dominique D'Ermo and the Plot to Kill Klaus Barbie
    • Oct.
    • This was how the United States smuggled Klaus Barbie, the "Butcher of Lyon," out of Europe, in March 1951, before the French could lay hands on him. After the French finally successfully extradited Barbie as a war criminal, in February 1983, a flurry of articles explained how the American Counter Intelligence Corps (CIC) paid a Croatian Catholic priest. Father Krunosla Draganovic, to smuggle Barbie and thousands of other Nazi war criminals out of Europe with the active assistance of the Vatican and the International Red Cross through what became known as the "Ratline." See CHARLES R. ALLEN, JR., NAZI WAR CRIMINALS IN AMERICA: FACTS . . . ACTION: THE BASIC HANDBOOK 37-39, 41 (1985); HAIM GENIZI, AMERICA'S FAIR SHARE: THE ADMISSION AND RESETTLEMENT OF DISPLACED PERSONS, 1945-1952, at 88-92 (1993); ALLAN A. RYAN, KLAUS BARBIE AND THE UNITED STATES GOVERNMENT: A REPORT TO THE ATTORNEY GENERAL OF THE UNITED STATES 135-63 (1983); CHRISTOPHER SIMPSON, BLOWBACK: AMERICA'S RECRUITMENT OF NAZIS AND ITS EFFECTS ON THE COLD WAR 176-85 (1988); Obituary of Klaus Barbie, DAILY TELEGRAPH, Sept. 27, 1991, at 19; Priest Linked to Escape of Barbie, RECORD (Bergen, N.J.), May 8, 1986, at A8; Richard Rashke, Dominique D'Ermo and the Plot to Kill Klaus Barbie, REGARDIE'S MAG., Oct. 1989, at 92; Alexander Zvielli, Unveiled Top-Secret Report Reveals: The Rat Route, JERUSALEM POST, Dec. 4, 1990, at 1.
    • (1989) Regardie's Mag. , pp. 92
    • Rashke, R.1
  • 203
    • 0347299367 scopus 로고
    • Unveiled Top-Secret Report Reveals: The Rat Route
    • Dec. 4
    • This was how the United States smuggled Klaus Barbie, the "Butcher of Lyon," out of Europe, in March 1951, before the French could lay hands on him. After the French finally successfully extradited Barbie as a war criminal, in February 1983, a flurry of articles explained how the American Counter Intelligence Corps (CIC) paid a Croatian Catholic priest. Father Krunosla Draganovic, to smuggle Barbie and thousands of other Nazi war criminals out of Europe with the active assistance of the Vatican and the International Red Cross through what became known as the "Ratline." See CHARLES R. ALLEN, JR., NAZI WAR CRIMINALS IN AMERICA: FACTS . . . ACTION: THE BASIC HANDBOOK 37-39, 41 (1985); HAIM GENIZI, AMERICA'S FAIR SHARE: THE ADMISSION AND RESETTLEMENT OF DISPLACED PERSONS, 1945-1952, at 88-92 (1993); ALLAN A. RYAN, KLAUS BARBIE AND THE UNITED STATES GOVERNMENT: A REPORT TO THE ATTORNEY GENERAL OF THE UNITED STATES 135-63 (1983); CHRISTOPHER SIMPSON, BLOWBACK: AMERICA'S RECRUITMENT OF NAZIS AND ITS EFFECTS ON THE COLD WAR 176-85 (1988); Obituary of Klaus Barbie, DAILY TELEGRAPH, Sept. 27, 1991, at 19; Priest Linked to Escape of Barbie, RECORD (Bergen, N.J.), May 8, 1986, at A8; Richard Rashke, Dominique D'Ermo and the Plot to Kill Klaus Barbie, REGARDIE'S MAG., Oct. 1989, at 92; Alexander Zvielli, Unveiled Top-Secret Report Reveals: The Rat Route, JERUSALEM POST, Dec. 4, 1990, at 1.
    • (1990) Jerusalem Post , pp. 1
    • Zvielli, A.1
  • 204
    • 0003817923 scopus 로고
    • See ROBERT J. DONIA & JOHN V.A. FINE JR., BOSNIA AND HERCIGOVINA: A TRADITION BETRAYED 141 (1994) ("In the Serbian nationalist lexicon, Jasenovac is an instantly identifiable symbol of Croatian genocide."); Chris Hedges, Croatian War-Shrine Plan Revives Pain, N.Y. TIMES, May 19, 1996, § 1, at 6 ("President Franjo Tudjman . . . said a few days ago that he wanted to turn the [Jasenovac] camp into 'a memorial for all victims of war.' Those who died under fascist and Communist rule, along with the dead from the 1991 Croatian war against the Serbs, would lie side by side at Jasenovac.").
    • (1994) Bosnia and Hercigovina: A Tradition Betrayed , pp. 141
    • Donia, R.J.1    Fine J.V.A., Jr.2
  • 205
    • 0347299382 scopus 로고    scopus 로고
    • Croatian War-Shrine Plan Revives Pain
    • May 19, § 1
    • See ROBERT J. DONIA & JOHN V.A. FINE JR., BOSNIA AND HERCIGOVINA: A TRADITION BETRAYED 141 (1994) ("In the Serbian nationalist lexicon, Jasenovac is an instantly identifiable symbol of Croatian genocide."); Chris Hedges, Croatian War-Shrine Plan Revives Pain, N.Y. TIMES, May 19, 1996, § 1, at 6 ("President Franjo Tudjman . . . said a few days ago that he wanted to turn the [Jasenovac] camp into 'a memorial for all victims of war.' Those who died under fascist and Communist rule, along with the dead from the 1991 Croatian war against the Serbs, would lie side by side at Jasenovac.").
    • (1996) N.Y. Times , pp. 6
    • Hedges, C.1
  • 206
    • 0347929434 scopus 로고
    • Nazi War Crimes Shadow Lithuanian President's First Visit to Israel
    • Feb. 28
    • On Lithuania, see Nazi War Crimes Shadow Lithuanian President's First Visit to Israel, AGENCE FRANCE-PRESSE, Feb. 28, 1995, available in LEXIS, Nexis Library, AFP File (reporting Jerusalem's Simon Wiesenthal Centre Director Efraim Zuroff's accusation that "[t]here are around 5,000 Lithuanians involved in the murder of Jews during the Holocaust . . . among those rehabilitated by the Lithuanian government").
    • (1995) Agence France-Presse
  • 207
    • 84923716526 scopus 로고    scopus 로고
    • note
    • A LEXIS search of the Allrev File, conducted on January 20, 1997, turned up more than a dozen references to "New McCarthyism," almost all referring to "political correctness" or efforts to reduce racism and sexism. The two exceptions, one Australian, were references to alleged McCarthy-like political repression against legal academics associated with Critical Legal Studies (CLS).
  • 209
    • 0346037874 scopus 로고
    • Mind Your Language
    • (London), Oct. 16
    • See David Lodge, Mind Your Language, SUNDAY TIMES (London), Oct. 16, 1994 (reviewing THE WAR OF THE WORDS: THE POLITICAL CORRECTNESS DEBATE (Susan Durrant ed., 1994) [hereinafter THE WAR OF THE WORDS]); see also Deborah Cameron, "Words, Words, Words": The Power of Language, in THE WAR OF THE WORDS, supra.
    • (1994) Sunday Times
    • Lodge, D.1
  • 210
    • 0038262534 scopus 로고
    • reviewing hereinafter THE WAR OF THE WORDS
    • See David Lodge, Mind Your Language, SUNDAY TIMES (London), Oct. 16, 1994 (reviewing THE WAR OF THE WORDS: THE POLITICAL CORRECTNESS DEBATE (Susan Durrant ed., 1994) [hereinafter THE WAR OF THE WORDS]); see also Deborah Cameron, "Words, Words, Words": The Power of Language, in THE WAR OF THE WORDS, supra.
    • (1994) The War of the Words: The Political Correctness Debate
    • Durrant, S.1
  • 211
    • 0037925031 scopus 로고    scopus 로고
    • "Words, Words, Words": The Power of Language
    • supra
    • See David Lodge, Mind Your Language, SUNDAY TIMES (London), Oct. 16, 1994 (reviewing THE WAR OF THE WORDS: THE POLITICAL CORRECTNESS DEBATE (Susan Durrant ed., 1994) [hereinafter THE WAR OF THE WORDS]); see also Deborah Cameron, "Words, Words, Words": The Power of Language, in THE WAR OF THE WORDS, supra.
    • The War of the Words
    • Cameron, D.1
  • 212
    • 84923716524 scopus 로고    scopus 로고
    • See D'SOUZA, supra note 130, at 194-228. Any issue of the newspaper Heterodoxy would have one or more such stories. See also THE WAR OF THE WORDS, supra note 131
    • See D'SOUZA, supra note 130, at 194-228. Any issue of the newspaper Heterodoxy would have one or more such stories. See also THE WAR OF THE WORDS, supra note 131.
  • 213
    • 0346037875 scopus 로고    scopus 로고
    • NBC television broadcast, Jan. 23
    • See, e.g., Dateline NBC: Affirmative Reaction (NBC television broadcast, Jan. 23, 1996) (tracking down and disproving claim by Tom Wood, coauthor of California's anti-affirmative action Initiative 209, that he was denied academic job because of reverse discrimination); see also RUSSELL JACOBY, DOGMATIC WISDOM (1994) (acknowledging, in context of criticizing "cultural war," massive difference between "political correctness" and McCarthyism, and tracking down and debunking various right-wing claims of political repression); Christopher Phelps, The Second Time as Farce: The Rights's "New McCarthyism", MONTHLY REV., Oct. 1991, at 39 (demolishing claim that political correctness is worse than McCarthyism).
    • (1996) Dateline NBC: Affirmative Reaction
  • 214
    • 0346668906 scopus 로고
    • See, e.g., Dateline NBC: Affirmative Reaction (NBC television broadcast, Jan. 23, 1996) (tracking down and disproving claim by Tom Wood, coauthor of California's anti-affirmative action Initiative 209, that he was denied academic job because of reverse discrimination); see also RUSSELL JACOBY, DOGMATIC WISDOM (1994) (acknowledging, in context of criticizing "cultural war," massive difference between "political correctness" and McCarthyism, and tracking down and debunking various right-wing claims of political repression); Christopher Phelps, The Second Time as Farce: The Rights's "New McCarthyism", MONTHLY REV., Oct. 1991, at 39 (demolishing claim that political correctness is worse than McCarthyism).
    • (1994) Dogmatic Wisdom
    • Jacoby, R.1
  • 215
    • 84928831908 scopus 로고
    • The Second Time as Farce: The Rights's "New McCarthyism"
    • Oct.
    • See, e.g., Dateline NBC: Affirmative Reaction (NBC television broadcast, Jan. 23, 1996) (tracking down and disproving claim by Tom Wood, coauthor of California's anti-affirmative action Initiative 209, that he was denied academic job because of reverse discrimination); see also RUSSELL JACOBY, DOGMATIC WISDOM (1994) (acknowledging, in context of criticizing "cultural war," massive difference between "political correctness" and McCarthyism, and tracking down and debunking various right-wing claims of political repression); Christopher Phelps, The Second Time as Farce: The Rights's "New McCarthyism", MONTHLY REV., Oct. 1991, at 39 (demolishing claim that political correctness is worse than McCarthyism).
    • (1991) Monthly Rev. , pp. 39
    • Phelps, C.1
  • 216
    • 0347299383 scopus 로고
    • Sense and Sensitivity
    • Oct. 31
    • See, e.g., Sean Wilentz, Sense and Sensitivity, NEW REPUBLIC, Oct. 31, 1994, at 43, 46 (reviewing RICHARD BERNSTEIN, DICTATORSHIP OF VIRTUE: MULTICULTURALISM AND THE BATTLE FOR AMERICA'S FUTURE (1994)) (describing McCarthy-era "jailings, congressional subpoenas, rampant blacklisting and the firing of untold thousands of Americans from their jobs, including upward of 600 teachers and professors").
    • (1994) New Republic , pp. 43
    • Wilentz, S.1
  • 217
    • 0003830942 scopus 로고
    • reviewing
    • See, e.g., Sean Wilentz, Sense and Sensitivity, NEW REPUBLIC, Oct. 31, 1994, at 43, 46 (reviewing RICHARD BERNSTEIN, DICTATORSHIP OF VIRTUE: MULTICULTURALISM AND THE BATTLE FOR AMERICA'S FUTURE (1994)) (describing McCarthy-era "jailings, congressional subpoenas, rampant blacklisting and the firing of untold thousands of Americans from their jobs, including upward of 600 teachers and professors").
    • (1994) Dictatorship of Virtue: Multiculturalism and the Battle for America's Future
    • Bernstein, R.1
  • 218
    • 0004103756 scopus 로고
    • See ELLEN W. SCHRECKER, NO IVORY TOWER: MCCARTHYISM AND THE UNIVERSITIES 204 (1986) (discussing case of Leon Kamin, who was not fired but not reappointed because of his refusal to cooperate with Jenner Committee); id. at 249 (discussing case of Helen Deane Markham, who was also neither fired nor reappointed for same reason); Jerry Frug, McCarthyism and Critical Legal Studies, 22 HARV. C.R.-C.L. L. REV. 665, 671 (1987) (reviewing SCHRECKER, supra).
    • (1986) No Ivory Tower: McCarthyism and the Universities , pp. 204
    • Schrecker, E.W.1
  • 219
    • 84923709562 scopus 로고
    • McCarthyism and Critical Legal Studies
    • See ELLEN W. SCHRECKER, NO IVORY TOWER: MCCARTHYISM AND THE UNIVERSITIES 204 (1986) (discussing case of Leon Kamin, who was not fired but not reappointed because of his refusal to cooperate with Jenner Committee); id. at 249 (discussing case of Helen Deane Markham, who was also neither fired nor reappointed for same reason); Jerry Frug, McCarthyism and Critical Legal Studies, 22 HARV. C.R.-C.L. L. REV. 665, 671 (1987) (reviewing SCHRECKER, supra).
    • (1987) Harv. C.R.-C.L. L. Rev. , vol.22 , pp. 665
    • Frug, J.1
  • 220
    • 26744447113 scopus 로고
    • Bush Cites Arkansas Crime in Attack on Clinton Record
    • Sept. 29
    • See, e.g., Gwen Ifill, Bush Cites Arkansas Crime in Attack on Clinton Record, N.Y. TIMES, Sept. 29, 1992, at A19; Major Garrett, 'We Need' Bush, Reagan Says; Delegates Laugh, Cry, Cheer Ex-President, WASH. TIMES, Aug. 18, 1992, at A1.
    • (1992) N.Y. Times
    • Ifill, G.1
  • 221
    • 26744462259 scopus 로고
    • 'We Need' Bush, Reagan Says; Delegates Laugh, Cry, Cheer Ex-President
    • Aug. 18
    • See, e.g., Gwen Ifill, Bush Cites Arkansas Crime in Attack on Clinton Record, N.Y. TIMES, Sept. 29, 1992, at A19; Major Garrett, 'We Need' Bush, Reagan Says; Delegates Laugh, Cry, Cheer Ex-President, WASH. TIMES, Aug. 18, 1992, at A1.
    • (1992) Wash. Times
    • Garrett, M.1
  • 222
    • 84923716523 scopus 로고    scopus 로고
    • note
    • One could equally well claim that the collapse of the Soviet Bloc proved that Trotsky was correct and Stalin mistaken about the need for worldwide revolution, rather than "socialism in one country." Or one could speculate that when Communism falls, capitalism cannot be far behind. My favorite counter to the right-wing assertion arose from a 10-day lecture tour I made to Hungary in the very early spring of 1989, before the transition. I spoke with a wide variety of people who were struggling in one way or another for basic societal changes, including women's groups and three different women, each of whom believed she was "the only feminist in Hungary." By the end of the trip, I had reached some conclusions: Based on the society's failure to deal adequately with the situation of women, I predicted that the government would not survive. Therefore, by the same logic used by the right wing, my prediction proves that feminism is correct.
  • 223
    • 0346668911 scopus 로고
    • Dan Danielsen & Karen Engle eds.
    • Within the United States, "identity politics" is most often used to refer to such progressive movements. One useful description suggests: In what could be considered the first stage of identity politics, individuals identified with general characteristics such as race, gender, or national origin to contend that discriminatory distinctions should not be made on the basis of those categories. The early civil rights and women's movements, for example, argued that African-Americans and women were entitled to the same rights as white men. Asserting that there was no significant difference between blacks and whites or between women and men, these movements aimed to achieve a system by which skin color or sex did not determine one's place in society. Subsequent movements rejected this paradigm of liberal pluralism on the ground that its colorblind and sexblind mentality obscured real cultural and political (and some even argued biological) differences between the groups. Some individuals and groups in a proliferating list of movements based on identity began proudly to (re)assert, or perhaps reclaim, their identities - as African-American, Asian-American, Latino or Native American, as female, as gay or lesbian, as disabled, as working class and so forth. Eventually, identity politics called upon dominant groups to acknowledge their positionality as well, so that some began classifying others or themselves as white, as male, as straight, as able-bodied, as upper-middle class. Dan Danielsen & Karen Engle, Introduction to AFTER IDENTITY at xiv (Dan Danielsen & Karen Engle eds., 1995). A more international context may engender a less positive view of identity politics. As Valentine Moghadam writes, for example: During the 1980s, discourses and movements centered on issues of identity erupted around the world with considerable force. Questions of cultural, religious, national, linguistic, and sexual identity commanded center stage, relegating questions of economic justice, at least temporarily, to the background. . . . In the wake of the dismantling of Communism in Eastern Europe and the Soviet Union political-cultural movements of all types have emerged in the former socialist bloc, destroying old solidarities and redefining group identity and boundaries between groups. The tragedy in the former Yugoslavia is only the most violent. Valentine M. Moghadam, Introduction: Women and Identity Politics in Theoretical and Comparative Perspective, in IDENTITY POLITICS AND WOMEN: CULTURAL REASSERTIONS AND FEMINISMS IN INTERNATIONAL PERSPECTIVE 3, 3 (Valentine M. Moghadam ed., 1994).
    • (1995) Introduction to After Identity
    • Danielsen, D.1    Engle, K.2
  • 224
    • 85082266359 scopus 로고
    • Introduction: Women and Identity Politics in Theoretical and Comparative Perspective
    • Valentine M. Moghadam ed.
    • Within the United States, "identity politics" is most often used to refer to such progressive movements. One useful description suggests: In what could be considered the first stage of identity politics, individuals identified with general characteristics such as race, gender, or national origin to contend that discriminatory distinctions should not be made on the basis of those categories. The early civil rights and women's movements, for example, argued that African-Americans and women were entitled to the same rights as white men. Asserting that there was no significant difference between blacks and whites or between women and men, these movements aimed to achieve a system by which skin color or sex did not determine one's place in society. Subsequent movements rejected this paradigm of liberal pluralism on the ground that its colorblind and sexblind mentality obscured real cultural and political (and some even argued biological) differences between the groups. Some individuals and groups in a proliferating list of movements based on identity began proudly to (re)assert, or perhaps reclaim, their identities - as African-American, Asian-American, Latino or Native American, as female, as gay or lesbian, as disabled, as working class and so forth. Eventually, identity politics called upon dominant groups to acknowledge their positionality as well, so that some began classifying others or themselves as white, as male, as straight, as able-bodied, as upper-middle class. Dan Danielsen & Karen Engle, Introduction to AFTER IDENTITY at xiv (Dan Danielsen & Karen Engle eds., 1995). A more international context may engender a less positive view of identity politics. As Valentine Moghadam writes, for example: During the 1980s, discourses and movements centered on issues of identity erupted around the world with considerable force. Questions of cultural, religious, national, linguistic, and sexual identity commanded center stage, relegating questions of economic justice, at least temporarily, to the background. . . . In the wake of the dismantling of Communism in Eastern Europe and the Soviet Union political-cultural movements of all types have emerged in the former socialist bloc, destroying old solidarities and redefining group identity and boundaries between groups. The tragedy in the former Yugoslavia is only the most violent. Valentine M. Moghadam, Introduction: Women and Identity Politics in Theoretical and Comparative Perspective, in IDENTITY POLITICS AND WOMEN: CULTURAL REASSERTIONS AND FEMINISMS IN INTERNATIONAL PERSPECTIVE 3, 3 (Valentine M. Moghadam ed., 1994).
    • (1994) Identity Politics and Women: Cultural Reassertions and Feminisms in International Perspective , pp. 3
    • Moghadam, V.M.1
  • 225
    • 84923716522 scopus 로고    scopus 로고
    • As Moghadam states: Whereas the discourse of "national character," "national psychology" and national identity used to be associated with the Right, it now spans the political spectrum. . . . Whereas the socialization of the means of production was once the dividing line between Left and Right in the West, now it is multiculturalism in the university curriculum and the school system. The workers' or labor movement is apparently a thing of the past, succeeded by a plethora of social movements, many of them organized around questions of identity. Moghadam, supra note 138, at 4.
    • As Moghadam states: Whereas the discourse of "national character," "national psychology" and national identity used to be associated with the Right, it now spans the political spectrum. . . . Whereas the socialization of the means of production was once the dividing line between Left and Right in the West, now it is multiculturalism in the university curriculum and the school system. The workers' or labor movement is apparently a thing of the past, succeeded by a plethora of social movements, many of them organized around questions of identity. Moghadam, supra note 138, at 4.
  • 226
    • 0343219058 scopus 로고
    • For example, although the working class may constitute a large portion of the population, paid workers are actually a relatively small group. The unstated assumption that male heads of households provide adequate political representation for their families has been attacked by feminists from Elizabeth Cady Stanton and most of the suffragists down to the present day. See THE CONCISE HISTORY OF WOMAN SUFFRAGE 108 (Mari Jo & Paul Buhle eds., 1978); LUCE IRIGARAY, SPECULUM OF THE OTHER WOMAN (1985); SUSAN MOLLER OKIN, WOMEN IN WESTERN POLITICAL THOUGHT (1979) (criticizing Western male-dominated tradition of political thought, from Plato to John Stuart Mill and beyond); Iris Marion Young, Impartiality and the Civic Public: Some Implications of Feminist Critiques of Moral and Political Theory, in FEMINISM AS CRITIQUE: ON THE POLITICS OF GENDER 57 (Seyla Benhabib & Drucilla Cornell eds., 1987).
    • (1978) The Concise History of Woman Suffrage , pp. 108
    • Jo, M.1    Buhle, P.2
  • 227
    • 0004284774 scopus 로고
    • For example, although the working class may constitute a large portion of the population, paid workers are actually a relatively small group. The unstated assumption that male heads of households provide adequate political representation for their families has been attacked by feminists from Elizabeth Cady Stanton and most of the suffragists down to the present day. See THE CONCISE HISTORY OF WOMAN SUFFRAGE 108 (Mari Jo & Paul Buhle eds., 1978); LUCE IRIGARAY, SPECULUM OF THE OTHER WOMAN (1985); SUSAN MOLLER OKIN, WOMEN IN WESTERN POLITICAL THOUGHT (1979) (criticizing Western male-dominated tradition of political thought, from Plato to John Stuart Mill and beyond); Iris Marion Young, Impartiality and the Civic Public: Some Implications of Feminist Critiques of Moral and Political Theory, in FEMINISM AS CRITIQUE: ON THE POLITICS OF GENDER 57 (Seyla Benhabib & Drucilla Cornell eds., 1987).
    • (1985) Speculum of the Other Woman
    • Irigaray, L.1
  • 228
    • 0003664584 scopus 로고
    • For example, although the working class may constitute a large portion of the population, paid workers are actually a relatively small group. The unstated assumption that male heads of households provide adequate political representation for their families has been attacked by feminists from Elizabeth Cady Stanton and most of the suffragists down to the present day. See THE CONCISE HISTORY OF WOMAN SUFFRAGE 108 (Mari Jo & Paul Buhle eds., 1978); LUCE IRIGARAY, SPECULUM OF THE OTHER WOMAN (1985); SUSAN MOLLER OKIN, WOMEN IN WESTERN POLITICAL THOUGHT (1979) (criticizing Western male-dominated tradition of political thought, from Plato to John Stuart Mill and beyond); Iris Marion Young, Impartiality and the Civic Public: Some Implications of Feminist Critiques of Moral and Political Theory, in FEMINISM AS CRITIQUE: ON THE POLITICS OF GENDER 57 (Seyla Benhabib & Drucilla Cornell eds., 1987).
    • (1979) Women in Western Political Thought
    • Okin, S.M.1
  • 229
    • 0011258949 scopus 로고
    • Impartiality and the Civic Public: Some Implications of Feminist Critiques of Moral and Political Theory
    • Seyla Benhabib & Drucilla Cornell eds.
    • For example, although the working class may constitute a large portion of the population, paid workers are actually a relatively small group. The unstated assumption that male heads of households provide adequate political representation for their families has been attacked by feminists from Elizabeth Cady Stanton and most of the suffragists down to the present day. See THE CONCISE HISTORY OF WOMAN SUFFRAGE 108 (Mari Jo & Paul Buhle eds., 1978); LUCE IRIGARAY, SPECULUM OF THE OTHER WOMAN (1985); SUSAN MOLLER OKIN, WOMEN IN WESTERN POLITICAL THOUGHT (1979) (criticizing Western male-dominated tradition of political thought, from Plato to John Stuart Mill and beyond); Iris Marion Young, Impartiality and the Civic Public: Some Implications of Feminist Critiques of Moral and Political Theory, in FEMINISM AS CRITIQUE: ON THE POLITICS OF GENDER 57 (Seyla Benhabib & Drucilla Cornell eds., 1987).
    • (1987) Feminism as Critique: On the Politics of Gender , pp. 57
    • Young, I.M.1
  • 230
    • 0346668910 scopus 로고
    • Neither the Market Nor the State: Housing Privatization Issues
    • Gregory S. Alexander & Grazyna Skapska eds.
    • See Duncan Kennedy, Neither the Market Nor the State: Housing Privatization Issues, in A FOURTH WAY? PRIVATIZATION, PROPERTY, AND THE EMERGENCE OF NEW MARKET ECONOMIES 253 (Gregory S. Alexander & Grazyna Skapska eds., 1994) (proposing housing privatization policy animated by ideals of solidarity and participation); Duncan Kennedy & Leopold Specht, Limited Equity Housing Cooperatives as a Mode of Privatization, in A FOURTH WAY?, supra, at 267 (detailing method for privatizing housing).
    • (1994) A Fourth Way? Privatization, Property, and the Emergence of New Market Economies , pp. 253
    • Kennedy, D.1
  • 231
    • 0043078171 scopus 로고    scopus 로고
    • Limited Equity Housing Cooperatives as a Mode of Privatization
    • supra
    • See Duncan Kennedy, Neither the Market Nor the State: Housing Privatization Issues, in A FOURTH WAY? PRIVATIZATION, PROPERTY, AND THE EMERGENCE OF NEW MARKET ECONOMIES 253 (Gregory S. Alexander & Grazyna Skapska eds., 1994) (proposing housing privatization policy animated by ideals of solidarity and participation); Duncan Kennedy & Leopold Specht, Limited Equity Housing Cooperatives as a Mode of Privatization, in A FOURTH WAY?, supra, at 267 (detailing method for privatizing housing).
    • A Fourth Way? , pp. 267
    • Kennedy, D.1    Specht, L.2
  • 232
    • 84933485647 scopus 로고
    • Introduction to Forum
    • See, e.g., Ruth-Ellen Boetcher Joeres & Barbara Laslett, Introduction to Forum, 17 SIGNS 112, 113 (1991).
    • (1991) Signs , vol.17 , pp. 112
    • Joeres, R.-E.B.1    Laslett, B.2
  • 233
    • 84923716521 scopus 로고    scopus 로고
    • Jaquette, supra note 98, at xiv
    • See Jaquette, supra note 98, at xiv.
  • 234
    • 84923716520 scopus 로고    scopus 로고
    • Braun et al., supra note 75, at 142
    • See Braun et al., supra note 75, at 142.
  • 235
    • 0346668914 scopus 로고    scopus 로고
    • Men Still Behave Badly over Women's Salaries
    • Jan. 26
    • See Naomi Caine & Helen Davidson, Men Still Behave Badly over Women's Salaries, LONDON TIMES, Jan. 26, 1997 (reporting on study by British Equal Opportunities Commission concluding that at current rate, "women will wait until the year 2040 to achieve equality in pay"). Different studies come to different conclusions, but none suggests equality any time soon.
    • (1997) London Times
    • Caine, N.1    Davidson, H.2
  • 236
    • 84887469517 scopus 로고
    • Women's Subordination and the Role of Law
    • David Kairys ed., rev. ed.
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and help oppressors to feel justified in their oppressive behavior). Typically, racial segregation and oppression have been thought to rest on force and violence (lynchings, arrests, physical intimidation) while male domination is thought to be customary and to maintain itself through ideological hegemony. In fact, the role of force and violence in maintaining the gender hierarchy may be underestimated, just as the role of ideology in maintaining racial hierarchy may be underestimated. On the role of violence in maintaining gender hierarchy, see SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 14-15 (1975) (discussing prehistoric discovery of rape as conscious process of intimidation); Frances Olsen, Feminist Theory in Grand Style, 89 COLUM. L. REV. 1147, 1177 (1989) (discussing pervasiveness of sexuality in women's subordination and therefore rape as act of sexual terror against women as a group). On the role of ideology in maintaining racial hierarchy, see Alan David Freeman, Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1051 (1978) (arguing that Supreme Court opinions both reflect and crystallize dominant societal moral positions regarding discrimination). Generally, women seem to gain from the process of delegitimating existing structures. Yet because women are so often denied legitimacy, this process can be double-edged. On delegitimating women's experience of sexual harassment through its trivialization, see CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN 52 (1979). Women are often in the position of having to defend the legitimacy of state "intervention" into the "privacy" of the family. See Frances Olsen, The Family and the Market: A Study of Ideology and Legal Reform, 96 HARV. L. REV. 1497, 1509 13; (1983); Frances Olsen, The Myth of State Intervention in the Family, 18 U. MICH. J.L. REFORM 835 (1985).
    • (1990) The Politics of Law: A Progressive Critique , pp. 151
    • Taub, N.M.1    Schneider, E.2
  • 237
    • 84926272626 scopus 로고
    • Sex Equality, Sex Differences, and the Supreme Court
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and help oppressors to feel justified in their oppressive behavior). Typically, racial segregation and oppression have been thought to rest on force and violence (lynchings, arrests, physical intimidation) while male domination is thought to be customary and to maintain itself through ideological hegemony. In fact, the role of force and violence in maintaining the gender hierarchy may be underestimated, just as the role of ideology in maintaining racial hierarchy may be underestimated. On the role of violence in maintaining gender hierarchy, see SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 14-15 (1975) (discussing prehistoric discovery of rape as conscious process of intimidation); Frances Olsen, Feminist Theory in Grand Style, 89 COLUM. L. REV. 1147, 1177 (1989) (discussing pervasiveness of sexuality in women's subordination and therefore rape as act of sexual terror against women as a group). On the role of ideology in maintaining racial hierarchy, see Alan David Freeman, Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1051 (1978) (arguing that Supreme Court opinions both reflect and crystallize dominant societal moral positions regarding discrimination). Generally, women seem to gain from the process of delegitimating existing structures. Yet because women are so often denied legitimacy, this process can be double-edged. On delegitimating women's experience of sexual harassment through its trivialization, see CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN 52 (1979). Women are often in the position of having to defend the legitimacy of state "intervention" into the "privacy" of the family. See Frances Olsen, The Family and the Market: A Study of Ideology and Legal Reform, 96 HARV. L. REV. 1497, 1509 13; (1983); Frances Olsen, The Myth of State Intervention in the Family, 18 U. MICH. J.L. REFORM 835 (1985).
    • (1983) Yale L.J. , vol.92 , pp. 913
    • Freedman, A.E.1
  • 238
    • 84055194722 scopus 로고    scopus 로고
    • Sex Segregation and the Ambivalent Directions of Sex Discrimination Law
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and help oppressors to feel justified in their oppressive behavior). Typically, racial segregation and oppression have been thought to rest on force and violence (lynchings, arrests, physical intimidation) while male domination is thought to be customary and to maintain itself through ideological hegemony. In fact, the role of force and violence in maintaining the gender hierarchy may be underestimated, just as the role of ideology in maintaining racial hierarchy may be underestimated. On the role of violence in maintaining gender hierarchy, see SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 14-15 (1975) (discussing prehistoric discovery of rape as conscious process of intimidation); Frances Olsen, Feminist Theory in Grand Style, 89 COLUM. L. REV. 1147, 1177 (1989) (discussing pervasiveness of sexuality in women's subordination and therefore rape as act of sexual terror against women as a group). On the role of ideology in maintaining racial hierarchy, see Alan David Freeman, Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1051 (1978) (arguing that Supreme Court opinions both reflect and crystallize dominant societal moral positions regarding discrimination). Generally, women seem to gain from the process of delegitimating existing structures. Yet because women are so often denied legitimacy, this process can be double-edged. On delegitimating women's experience of sexual harassment through its trivialization, see CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN 52 (1979). Women are often in the position of having to defend the legitimacy of state "intervention" into the "privacy" of the family. See Frances Olsen, The Family and the Market: A Study of Ideology and Legal Reform, 96 HARV. L. REV. 1497, 1509 13; (1983); Frances Olsen, The Myth of State Intervention in the Family, 18 U. MICH. J.L. REFORM 835 (1985).
    • Wis. L. Rev. , vol.1979 , pp. 55
    • Powers, K.L.1
  • 239
    • 0346668909 scopus 로고
    • Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience
    • R. George Wright ed.
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and
    • (1992) Legal and Political Obligation: Classic and Contemporary Texts and Commentary , pp. 66-69
    • Olsen, F.1
  • 240
    • 0003858729 scopus 로고
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and help oppressors to feel justified in their oppressive behavior). Typically, racial segregation and oppression have been thought to rest on force and violence (lynchings, arrests, physical intimidation) while male domination is thought to be customary and to maintain itself through ideological hegemony. In fact, the role of force and violence in maintaining the gender hierarchy may be underestimated, just as the role of ideology in maintaining racial hierarchy may be underestimated. On the role of violence in maintaining gender hierarchy, see SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 14-15 (1975) (discussing prehistoric discovery of rape as conscious process of intimidation); Frances Olsen, Feminist Theory in Grand Style, 89 COLUM. L. REV. 1147, 1177 (1989) (discussing pervasiveness of sexuality in women's subordination and therefore rape as act of sexual terror against women as a group). On the role of ideology in maintaining racial hierarchy, see Alan David Freeman, Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1051 (1978) (arguing that Supreme Court opinions both reflect and crystallize dominant societal moral positions regarding discrimination). Generally, women seem to gain from the process of delegitimating existing structures. Yet because women are so often denied legitimacy, this process can be double-edged. On delegitimating women's experience of sexual harassment through its trivialization, see CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN 52 (1979). Women are often in the position of having to defend the legitimacy of state "intervention" into the "privacy" of the family. See Frances Olsen, The Family and the Market: A Study of Ideology and Legal Reform, 96 HARV. L. REV. 1497, 1509 13; (1983); Frances Olsen, The Myth of State Intervention in the Family, 18 U. MICH. J.L. REFORM 835 (1985).
    • (1975) Against our Will: Men, Women and Rape , pp. 14-15
    • Brownmiller, S.1
  • 241
    • 84906137757 scopus 로고
    • Feminist Theory in Grand Style
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and help oppressors to feel justified in their oppressive behavior). Typically, racial segregation and oppression have been thought to rest on force and violence (lynchings, arrests, physical intimidation) while male domination is thought to be customary and to maintain itself through ideological hegemony. In fact, the role of force and violence in maintaining the gender hierarchy may be underestimated, just as the role of ideology in maintaining racial hierarchy may be underestimated. On the role of violence in maintaining gender hierarchy, see SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 14-15 (1975) (discussing prehistoric discovery of rape as conscious process of intimidation); Frances Olsen, Feminist Theory in Grand Style, 89 COLUM. L. REV. 1147, 1177 (1989) (discussing pervasiveness of sexuality in women's subordination and therefore rape as act of sexual terror against women as a group). On the role of ideology in maintaining racial hierarchy, see Alan David Freeman, Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1051 (1978) (arguing that Supreme Court opinions both reflect and crystallize dominant societal moral positions regarding discrimination). Generally, women seem to gain from the process of delegitimating existing structures. Yet because women are so often denied legitimacy, this process can be double-edged. On delegitimating women's experience of sexual harassment through its trivialization, see CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN 52 (1979). Women are often in the position of having to defend the legitimacy of state "intervention" into the "privacy" of the family. See Frances Olsen, The Family and the Market: A Study of Ideology and Legal Reform, 96 HARV. L. REV. 1497, 1509 13; (1983); Frances Olsen, The Myth of State Intervention in the Family, 18 U. MICH. J.L. REFORM 835 (1985).
    • (1989) Colum. L. Rev. , vol.89 , pp. 1147
    • Olsen, F.1
  • 242
    • 0010961697 scopus 로고
    • Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and help oppressors to feel justified in their oppressive behavior). Typically, racial segregation and oppression have been thought to rest on force and violence (lynchings, arrests, physical intimidation) while male domination is thought to be customary and to maintain itself through ideological hegemony. In fact, the role of force and violence in maintaining the gender hierarchy may be underestimated, just as the role of ideology in maintaining racial hierarchy may be underestimated. On the role of violence in maintaining gender hierarchy, see SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 14-15 (1975) (discussing prehistoric discovery of rape as conscious process of intimidation); Frances Olsen, Feminist Theory in Grand Style, 89 COLUM. L. REV. 1147, 1177 (1989) (discussing pervasiveness of sexuality in women's subordination and therefore rape as act of sexual terror against women as a group). On the role of ideology in maintaining racial hierarchy, see Alan David Freeman, Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1051 (1978) (arguing that Supreme Court opinions both reflect and crystallize dominant societal moral positions regarding discrimination). Generally, women seem to gain from the process of delegitimating existing structures. Yet because women are so often denied legitimacy, this process can be double-edged. On delegitimating women's experience of sexual harassment through its trivialization, see CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN 52 (1979). Women are often in the position of having to defend the legitimacy of state "intervention" into the "privacy" of the family. See Frances Olsen, The Family and the Market: A Study of Ideology and Legal Reform, 96 HARV. L. REV. 1497, 1509 13; (1983); Frances Olsen, The Myth of State Intervention in the Family, 18 U. MICH. J.L. REFORM 835 (1985).
    • (1978) Minn. L. Rev. , vol.62 , pp. 1049
    • Freeman, A.D.1
  • 243
    • 0003856789 scopus 로고
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and help oppressors to feel justified in their oppressive behavior). Typically, racial segregation and oppression have been thought to rest on force and violence (lynchings, arrests, physical intimidation) while male domination is thought to be customary and to maintain itself through ideological hegemony. In fact, the role of force and violence in maintaining the gender hierarchy may be underestimated, just as the role of ideology in maintaining racial hierarchy may be underestimated. On the role of violence in maintaining gender hierarchy, see SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 14-15 (1975) (discussing prehistoric discovery of rape as conscious process of intimidation); Frances Olsen, Feminist Theory in Grand Style, 89 COLUM. L. REV. 1147, 1177 (1989) (discussing pervasiveness of sexuality in women's subordination and therefore rape as act of sexual terror against women as a group). On the role of ideology in maintaining racial hierarchy, see Alan David Freeman, Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1051 (1978) (arguing that Supreme Court opinions both reflect and crystallize dominant societal moral positions regarding discrimination). Generally, women seem to gain from the process of delegitimating existing structures. Yet because women are so often denied legitimacy, this process can be double-edged. On delegitimating women's experience of sexual harassment through its trivialization, see CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN 52 (1979). Women are often in the position of having to defend the legitimacy of state "intervention" into the "privacy" of the family. See Frances Olsen, The Family and the Market: A Study of Ideology and Legal Reform, 96 HARV. L. REV. 1497, 1509 13; (1983); Frances Olsen, The Myth of State Intervention in the Family, 18 U. MICH. J.L. REFORM 835 (1985).
    • (1979) Sexual Harassment of Working Women , pp. 52
    • Mackinnon, C.A.1
  • 244
    • 0000262224 scopus 로고
    • The Family and the Market: A Study of Ideology and Legal Reform
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and help oppressors to feel justified in their oppressive behavior). Typically, racial segregation and oppression have been thought to rest on force and violence (lynchings, arrests, physical intimidation) while male domination is thought to be customary and to maintain itself through ideological hegemony. In fact, the role of force and violence in maintaining the gender hierarchy may be underestimated, just as the role of ideology in maintaining racial hierarchy may be underestimated. On the role of violence in maintaining gender hierarchy, see SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 14-15 (1975) (discussing prehistoric discovery of rape as conscious process of intimidation); Frances Olsen, Feminist Theory in Grand Style, 89 COLUM. L. REV. 1147, 1177 (1989) (discussing pervasiveness of sexuality in women's subordination and therefore rape as act of sexual terror against women as a group). On the role of ideology in maintaining racial hierarchy, see Alan David Freeman, Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1051 (1978) (arguing that Supreme Court opinions both reflect and crystallize dominant societal moral positions regarding discrimination). Generally, women seem to gain from the process of delegitimating existing structures. Yet because women are so often denied legitimacy, this process can be double-edged. On delegitimating women's experience of sexual harassment through its trivialization, see CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN 52 (1979). Women are often in the position of having to defend the legitimacy of state "intervention" into the "privacy" of the family. See Frances Olsen, The Family and the Market: A Study of Ideology and Legal Reform, 96 HARV. L. REV. 1497, 1509 13; (1983); Frances Olsen, The Myth of State Intervention in the Family, 18 U. MICH. J.L. REFORM 835 (1985).
    • (1983) Harv. L. Rev. , vol.96 , pp. 1497
    • Olsen, F.1
  • 245
    • 0013539368 scopus 로고
    • The Myth of State Intervention in the Family
    • See, e.g., Nadine M. Taub & Elizabeth Schneider, Women's Subordination and the Role of Law, in THE POLITICS OF LAW: A PROGRESSIVE CRITIQUE 151, 160-71 (David Kairys ed., rev. ed. 1990); Ann E. Freedman, Sex Equality, Sex Differences, and the Supreme Court, 92 YALE L.J. 913, 965 (1983) (emphasizing importance of critiquing sexist social norms and practices to combat sex discrimination); Kathryn L. Powers, Sex Segregation and the Ambivalent Directions of Sex Discrimination Law, 1979 WIS. L. REV. 55, 102-05. On legal legitimation generally, see Frances Olsen, Socrates on Legal Obligation: Legitimation Theory and Civil Disobedience, in LEGAL AND POLITICAL OBLIGATION: CLASSIC AND CONTEMPORARY TEXTS AND COMMENTARY 66-69 (R. George Wright ed., 1992), revised and reprinted from 18 GA. L. REV. 929, 951-54 (1984) (discussing how legal practices can reconcile oppressed to their oppression and help oppressors to feel justified in their oppressive behavior). Typically, racial segregation and oppression have been thought to rest on force and violence (lynchings, arrests, physical intimidation) while male domination is thought to be customary and to maintain itself through ideological hegemony. In fact, the role of force and violence in maintaining the gender hierarchy may be underestimated, just as the role of ideology in maintaining racial hierarchy may be underestimated. On the role of violence in maintaining gender hierarchy, see SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN AND RAPE 14-15 (1975) (discussing prehistoric discovery of rape as conscious process of intimidation); Frances Olsen, Feminist Theory in Grand Style, 89 COLUM. L. REV. 1147, 1177 (1989) (discussing pervasiveness of sexuality in women's subordination and therefore rape as act of sexual terror against women as a group). On the role of ideology in maintaining racial hierarchy, see Alan David Freeman, Legitimizing Racial Discrimination Through Anti-Discrimination Law: A Critical Review of Supreme Court Doctrine, 62 MINN. L. REV. 1049, 1051 (1978) (arguing that Supreme Court opinions both reflect and crystallize dominant societal moral positions regarding discrimination). Generally, women seem to gain from the process of delegitimating existing structures. Yet because women are so often denied legitimacy, this process can be double-edged. On delegitimating women's experience of sexual harassment through its trivialization, see CATHARINE A. MACKINNON, SEXUAL HARASSMENT OF WORKING WOMEN 52 (1979). Women are often in the position of having to defend the legitimacy of state "intervention" into the "privacy" of the family. See Frances Olsen, The Family and the Market: A Study of Ideology and Legal Reform, 96 HARV. L. REV. 1497, 1509 13; (1983); Frances Olsen, The Myth of State Intervention in the Family, 18 U. MICH. J.L. REFORM 835 (1985).
    • (1985) U. Mich. J.L. Reform , vol.18 , pp. 835
    • Olsen, F.1
  • 246
    • 0003719989 scopus 로고
    • Renata Salecl introduced this Lacanian concept into the literature on Central and Eastern Europe: [N]otions like democracy, human rights, the state run according to the rule of law, etc are floating signifiers which we cannot say have some immanent meaning. Their meaning is always dependent on the symbolic network in which they are embedded. . . . [T]heir articulation and inclusion in a particular political discourse is the product of a struggle. RENATA SALECL, THE SPOILS OF FREEDOM: PSYCHOANALYSIS AND FEMINISM AFTER THE FALL OF SOCIALISM 53-54 (1994).
    • (1994) The Spoils of Freedom: Psychoanalysis and Feminism After the Fall of Socialism , pp. 53-54
    • Salecl, R.1
  • 247
    • 0003707499 scopus 로고
    • See generally ALISON M. JAGGER, FEMINIST POLITICS AND HUMAN NATURE 173-350 (1983) (describing liberal radical, and socialist feminism); Louise C. Johnson, Socialist Feminism, in FEMINIST KNOWLEDGE: CRITIQUE AND CONSTRUCT 304, 304-3, (Sneja Gunew ed., 1990) (discussing socialist feminism); Robyn Rowland & Renate D. Klein, Radical Feminism: Critique and Construct, in FEMINIST KNOWLEDGE: CRITIQUE AND CONSTRUCT, supra, at 271, 271-303 (discussing radical feminism).
    • (1983) Feminist Politics and Human Nature , pp. 173-350
    • Jagger, A.M.1
  • 248
    • 85086753670 scopus 로고
    • Socialist Feminism
    • Sneja Gunew ed.
    • See generally ALISON M. JAGGER, FEMINIST POLITICS AND HUMAN NATURE 173-350 (1983) (describing liberal radical, and socialist feminism); Louise C. Johnson, Socialist Feminism, in FEMINIST KNOWLEDGE: CRITIQUE AND CONSTRUCT 304, 304-3, (Sneja Gunew ed., 1990) (discussing socialist feminism); Robyn Rowland & Renate D. Klein, Radical Feminism: Critique and Construct, in FEMINIST KNOWLEDGE: CRITIQUE AND CONSTRUCT, supra, at 271, 271-303 (discussing radical feminism).
    • (1990) Feminist Knowledge: Critique and Construct , pp. 304
    • Johnson, L.C.1
  • 249
    • 85086752153 scopus 로고    scopus 로고
    • Radical Feminism: Critique and Construct
    • supra, at 271
    • See generally ALISON M. JAGGER, FEMINIST POLITICS AND HUMAN NATURE 173-350 (1983) (describing liberal radical, and socialist feminism); Louise C. Johnson, Socialist Feminism, in FEMINIST KNOWLEDGE: CRITIQUE AND CONSTRUCT 304, 304-3, (Sneja Gunew ed., 1990) (discussing socialist feminism); Robyn Rowland & Renate D. Klein, Radical Feminism: Critique and Construct, in FEMINIST KNOWLEDGE: CRITIQUE AND CONSTRUCT, supra, at 271, 271-303 (discussing radical feminism).
    • Feminist Knowledge: Critique and Construct , pp. 271-303
    • Rowland, R.1    Klein, R.D.2
  • 250
    • 0346668899 scopus 로고    scopus 로고
    • World War II and the Coming of the Cold War
    • John M. Carroll & George C. Herring eds., rev. & enlarged ed.
    • But see Robert L. Messer, World War II and the Coming of the Cold War, in MODERN AMERICAN DIPLOMACY 117, 123 (John M. Carroll & George C. Herring eds., rev. & enlarged ed. 1996) (characterizing "[t]he failure of [a promised] second front to materialize until late the war" as "'perhaps the most determining single factor' in the origins of the Cold War") (quoting Franklin D. Roosevelt biographer James MacGregor Burns); id. at 118-22 (attributing Cold War to failure of West to invest any faction of what Soviet Union invested to defeat Nazi Germany).
    • (1996) Modern American Diplomacy , pp. 117
    • Messer, R.L.1
  • 253
    • 84923716519 scopus 로고    scopus 로고
    • YOUNG, supra note 7
    • See YOUNG, supra note 7.
  • 254
    • 1542595169 scopus 로고
    • Radio Free Europe's Warriors Still Wary
    • Feb. 8
    • For perspective, it should be remembered that most of these same American right-wingers praised the dictatorships in countries such as Spain, Portugal, the Philippines, and Saudi Arabia. See generally id. 153. Radio Free Europe alone cost untold millions of dollars. See Dean E. Murphy & Marjorie Miller, Radio Free Europe's Warriors Still Wary, L.A. TIMES, Feb. 8, 1995, at A1 (reporting that Radio Free Europe eventually lost over $200 million annually). In an article praising the work of the "cadre of career anti-communists" staffing the station and Radio Liberty, the authors speak positively of spying carried out from the Munich headquarters of Radio Free Europe, claim that many credit the staff's assertion of responsibility for toppling the Communist regimes, and report that top figures received six-figure American salaries. See id.; see also Morning Edition: Congress Orders Radio Free Europe to Privatize (NPR radio broadcast, Jan. 3, 1995) (recounting, in context of planned privatization of Radio Free Europe and Radio Liberty, "scandal in the early 1970s when it was revealed their funding came from the CIA. They had been funded directly by the U.S. Congress ever since . . . .").
    • (1995) L.A. Times
    • Murphy, D.E.1    Miller, M.2
  • 255
    • 0347929408 scopus 로고
    • NPR radio broadcast, Jan. 3
    • For perspective, it should be remembered that most of these same American right-wingers praised the dictatorships in countries such as Spain, Portugal, the Philippines, and Saudi Arabia. See generally id. 153. Radio Free Europe alone cost untold millions of dollars. See Dean E. Murphy & Marjorie Miller, Radio Free Europe's Warriors Still Wary, L.A. TIMES, Feb. 8, 1995, at A1 (reporting that Radio Free Europe eventually lost over $200 million annually). In an article praising the work of the "cadre of career anti-communists" staffing the station and Radio Liberty, the authors speak positively of spying carried out from the Munich headquarters of Radio Free Europe, claim that many credit the staff's assertion of responsibility for toppling the Communist regimes, and report that top figures received six-figure American salaries. See id.; see also Morning Edition: Congress Orders Radio Free Europe to Privatize (NPR radio broadcast, Jan. 3, 1995) (recounting, in context of planned privatization of Radio Free Europe and Radio Liberty, "scandal in the early 1970s when it was revealed their funding came from the CIA. They had been funded directly by the U.S. Congress ever since . . . .").
    • (1995) Morning Edition: Congress Orders Radio Free Europe to Privatize
  • 256
    • 84923716518 scopus 로고    scopus 로고
    • generally YOUNG, supra note 7
    • See generally YOUNG, supra note 7.
  • 257
    • 84923716517 scopus 로고    scopus 로고
    • note
    • For example, when I was a Fellow at Oxford in 1987 and first met non-right-wing dissidents from Central and Eastern Europe, the general association of the American right wing with opposition to Communism in Eastern Europe had not changed much. Some of the Hungarians who later formed the influential Young Democrats party approached me with an interest in establishing contacts with American liberals and leftists and in broadening United States support beyond the right wing.
  • 258
    • 84923716516 scopus 로고    scopus 로고
    • Okin, supra note 27, at 18-21
    • This appears to be a concern of Susan Moller Okin. See Okin, supra note 27, at 18-21 (arguing that Rawls's theory of justice can speak to women's family issues in feminism).
  • 259
    • 84923716515 scopus 로고    scopus 로고
    • WOLFF, supra note 10, at 359-61
    • For an earlier, similar use of Eastern Europe, see WOLFF, supra note 10, at 359-61, which discusses the use of Eastern Europe as "an experimental domain" by Diderot, Voltaire, Rousseau, and others in their agreements and disagreements with one another.
  • 260
    • 84923716514 scopus 로고    scopus 로고
    • WOLFF, supra note 10, at 368-69
    • For an earlier version of this approach, see WOLFF, supra note 10, at 368-69, which describes Rebecca West's use of Eastern Europe to critique Western Europe in 1930s.
  • 261
    • 84923716513 scopus 로고    scopus 로고
    • RUPP & TAYLOR, supra note 87, at 20
    • The claim that feminism is past its prime has been around almost since the first feminist movement. See RUPP & TAYLOR, supra note 87, at 20 (noting that in 1950s, "women who had once identified as feminists declared that feminism was dead").
  • 262
    • 84923716512 scopus 로고    scopus 로고
    • note
    • Practices in various countries of Central and Eastern Europe, such as grocery stores expecting customers to bring their own shopping bags, or criminal prosecutions proceeding by an accusatory rather than adversarial model, are treated as more peculiar and backwards when the reporter is unaware that the same practices exist in Western Europe as well. For example, in Bellagio, Italy, in June 1994, an American Bar Association representative to Lithuania, the son of one of the Bellagio Fellows then in residence, made a presentation to the Fellows deriding these "backward" customs.
  • 263
    • 84923716363 scopus 로고    scopus 로고
    • note
    • See AALS Conference, Section on Legal Exchanges, San Francisco (Jan. 1993). I do not know whether the assertion is accurate.
  • 265
    • 0346668885 scopus 로고    scopus 로고
    • Günter Frankenberg, Stranger than Paradise: Identity & Politics in Comparative Law
    • forthcoming Summer
    • See Günter Frankenberg, Stranger than Paradise: Identity & Politics in Comparative Law, 1997 UTAH L. REV. (forthcoming Summer 1997).
    • (1997) Utah L. Rev. , vol.1997
  • 266
    • 84923716361 scopus 로고    scopus 로고
    • PROJECT REPORT, supra note 16, at 13
    • See PROJECT REPORT, supra note 16, at 13 ("Most participants at the workshops noted that the word 'feminist' has a perjorative and negative connotation in their countries.").
  • 267
    • 84923716359 scopus 로고    scopus 로고
    • Quoted in id. at 14
    • Quoted in id. at 14.
  • 268
    • 84923758824 scopus 로고
    • Beyond the Role: The Case of Polish Female Professionals
    • Id. (quoting Beyond the Role: The Case of Polish Female Professionals, 10 SCANDINAVIAN J. MGMT. 2 (1994)).
    • (1994) Scandinavian J. Mgmt. , vol.10 , pp. 2
  • 269
    • 84923718410 scopus 로고
    • Continuity and Discontinuity in the Legal System: What It Means for Women: A Female Lawyer's Perspective on Women and the Law in Hungary
    • See Krisztina Morvai, Continuity and Discontinuity in the Legal System: What It Means for Women: A Female Lawyer's Perspective on Women and the Law in Hungary, 5 UCLA WOMEN'S L.J. 63, 64-66 (1994).
    • (1994) Ucla Women's L.J. , vol.5 , pp. 63
    • Morvai, K.1
  • 270
    • 0346668857 scopus 로고    scopus 로고
    • Humboldt Universität zu Berlin ZiF Bulletin No. 12
    • This has long been one of my goals. See, e.g., Frances Olson [sic], Frau Olson [sic], weshalb ist die feministische Rechtstheorie in den USA derart etabliert?, PLÄDOYER (Basel, Switzerland), Mar. 1994, at 23; FRANCES OLSEN, ÜBERLEGUNGEN EINER GASTPROFESSORIN (Humboldt Universität zu Berlin ZiF Bulletin No. 12, at 39, 1996).
    • (1996) Überlegungen einer Gastprofessorin , pp. 39
    • Olsen, F.1
  • 271
    • 84923716358 scopus 로고    scopus 로고
    • Bohlen, supra note 81
    • See Bohlen, supra note 81 (describing rise of nationalism in Central and Eastern Europe).
  • 272
    • 0346668883 scopus 로고
    • Force Could Be Used to Defend Russians Abroad, Kozyrev Says
    • Apr. 18
    • See, e.g., Force Could Be Used to Defend Russians Abroad, Kozyrev Says, DEUTSCHE PRESSEAGENTUR, Apr. 18, 1995, available in LEXIS World Library, Curnws File (quoting Russian Foreign Minister Andrei Kozyrev as saying Estonia and Latvia have specific policies aimed at "'squeezing out'" ethnic Russians and that other ex-Soviet republics expelled ethnic Russians through "'pressure . . . as well as discrimination'").
    • (1995) Deutsche Presseagentur
  • 273
    • 0347929386 scopus 로고
    • Feminist Approaches to Issues of War and Peace
    • Dorinda G. Dallmeyer ed.
    • Worldwide, the majority of refugees are women and children. See J. Anne Tickner, Feminist Approaches to Issues of War and Peace, in RECONCEIVING REALITY: WOMEN AND INTERNATIONAL LAW 267, 272 (Dorinda G. Dallmeyer ed., 1993); Lydia Jankovic Gottlieb, Women Without Shelter: Refugee and Displaced Women in Central and Eastern Europe (speech presented Apr. 14, 1996) (transcript, on file with the Yale Law Journal).
    • (1993) Reconceiving Reality: Women and International Law , pp. 267
    • Tickner, J.A.1
  • 274
    • 0346037794 scopus 로고    scopus 로고
    • speech presented Apr. 14
    • Worldwide, the majority of refugees are women and children. See J. Anne Tickner, Feminist Approaches to Issues of War and Peace, in RECONCEIVING REALITY: WOMEN AND INTERNATIONAL LAW 267, 272 (Dorinda G. Dallmeyer ed., 1993); Lydia Jankovic Gottlieb, Women Without Shelter: Refugee and Displaced Women in Central and Eastern Europe (speech presented Apr. 14, 1996) (transcript, on file with the Yale Law Journal).
    • (1996) Women Without Shelter: Refugee and Displaced Women in Central and Eastern Europe
    • Gottlieb, L.J.1
  • 275
    • 84908661482 scopus 로고    scopus 로고
    • The Emancipation of Women in Fact and Fiction: Changing Roles in GDR Society and Literature
    • supra note 61
    • Women do unpaid caretaking work in Central and Eastern Europe as well as in the United States. See Morvai, supra note 167, at 65; Dorothy J. Rosenberg, The Emancipation of Women in Fact and Fiction: Changing Roles in GDR Society and Literature, in WOMEN, STATE, AND PARTY IN EASTERN EUROPE, supra note 61, at 344, 351.
    • Women, State, and Party in Eastern Europe , pp. 344
    • Rosenberg, D.J.1
  • 276
    • 0003879906 scopus 로고
    • Not only are casualties among civilians relatively high, as in many civil wars, and thus a higher than usual proportion of women among the victims, but there have also been claims of rape taking place at unprecedented levels. See BOGDAN DENITCH, ETHNIC NATIONALISM: THE TRAGIC DEATH OF YUGOSLAVIA 124 (1994). Although a great deal of the talk in the United States has focused upon allegations of rape by Serbs against Muslim women, and has served to prepare the American people for possible military intervention against the Serbs, the most extensive case that has thus far come before the international tribunal involves allegations of rape by one Croatian and three Muslim men against Serbian women. See Mary Williams Walsh, Croat, Muslims Face U.N. Tribunal, L.A. TIMES, Mar. 11, 1997, at A6; see also Gillian Sharpe & Deborah Amos, Hague Testimony (NPR broadcast, All Things Considered) (Mar. 17, 1997) (identifying Serb as "the first woman to give evidence about rape to an international tribunal since Japanese officers stood trial after the Second World War"). I hope that feminists dealing with rape allegations will focus on the goal of long-term reduction in the victimization of women and general reduction in military abuses, and be cautious to try to minimize the propagandistic use of such allegations by nationalists promoting further military actions.
    • (1994) Ethnic Nationalism: The Tragic Death of Yugoslavia , pp. 124
    • Denitch, B.1
  • 277
    • 26744455656 scopus 로고    scopus 로고
    • Croat, Muslims Face U.N. Tribunal
    • Mar. 11
    • Not only are casualties among civilians relatively high, as in many civil wars, and thus a higher than usual proportion of women among the victims, but there have also been claims of rape taking place at unprecedented levels. See BOGDAN DENITCH, ETHNIC NATIONALISM: THE TRAGIC DEATH OF YUGOSLAVIA 124 (1994). Although a great deal of the talk in the United States has focused upon allegations of rape by Serbs against Muslim women, and has served to prepare the American people for possible military intervention against the Serbs, the most extensive case that has thus far come before the international tribunal involves allegations of rape by one Croatian and three Muslim men against Serbian women. See Mary Williams Walsh, Croat, Muslims Face U.N. Tribunal, L.A. TIMES, Mar. 11, 1997, at A6; see also Gillian Sharpe & Deborah Amos, Hague Testimony (NPR broadcast, All Things Considered) (Mar. 17, 1997) (identifying Serb as "the first woman to give evidence about rape to an international tribunal since Japanese officers stood trial after the Second World War"). I hope that feminists dealing with rape allegations will focus on the goal of long-term reduction in the victimization of women and general reduction in military abuses, and be cautious to try to minimize the propagandistic use of such allegations by nationalists promoting further military actions.
    • (1997) L.A. Times
    • Walsh, M.W.1
  • 278
    • 0346037850 scopus 로고    scopus 로고
    • (NPR broadcast, All Things Considered) Mar. 17
    • Not only are casualties among civilians relatively high, as in many civil wars, and thus a higher than usual proportion of women among the victims, but there have also been claims of rape taking place at unprecedented levels. See BOGDAN DENITCH, ETHNIC NATIONALISM: THE TRAGIC DEATH OF YUGOSLAVIA 124 (1994). Although a great deal of the talk in the United States has focused upon allegations of rape by Serbs against Muslim women, and has served to prepare the American people for possible military intervention against the Serbs, the most extensive case that has thus far come before the international tribunal involves allegations of rape by one Croatian and three Muslim men against Serbian women. See Mary Williams Walsh, Croat, Muslims Face U.N. Tribunal, L.A. TIMES, Mar. 11, 1997, at A6; see also Gillian Sharpe & Deborah Amos, Hague Testimony (NPR broadcast, All Things Considered) (Mar. 17, 1997) (identifying Serb as "the first woman to give evidence about rape to an international tribunal since Japanese officers stood trial after the Second World War"). I hope that feminists dealing with rape allegations will focus on the goal of long-term reduction in the victimization of women and general reduction in military abuses, and be cautious to try to minimize the propagandistic use of such allegations by nationalists promoting further military actions.
    • (1997) Hague Testimony
    • Sharpe, G.1    Amos, D.2
  • 279
    • 84923716357 scopus 로고    scopus 로고
    • Angelova, supra note 82, at 56-58; Bohlen, supra note 81
    • See Angelova, supra note 82, at 56-58; Bohlen, supra note 81.
  • 280
    • 84923716356 scopus 로고    scopus 로고
    • Interview with Mateja Kuzah-Novak, Member of Slovenian National Assembly, in Ljubjlana, Slovenia (Sept. 28, 1996); see also Bohlen, supra note 81; Kaufman, supra note 76
    • Interview with Mateja Kuzah-Novak, Member of Slovenian National Assembly, in Ljubjlana, Slovenia (Sept. 28, 1996); see also Bohlen, supra note 81; Kaufman, supra note 76.
  • 281
    • 84928830916 scopus 로고
    • Dreaming of a Return to the Kitchen Sink
    • July 2
    • See Fuszara, supra note 105; Interview with Mateja Kuzah-Novak, supra note 175; Patricia Clough, Dreaming of a Return to the Kitchen Sink, INDEPENDENT, July 2, 1990, at 4.
    • (1990) Independent , pp. 4
    • Clough, P.1
  • 283
    • 84923716355 scopus 로고    scopus 로고
    • CǍSOPISNI ZAVOD URADNI LIST REPUBUKE SLOVENIJE [Constitution] art. 55 (Slovn.)
    • CǍSOPISNI ZAVOD URADNI LIST REPUBUKE SLOVENIJE [Constitution] art. 55 (Slovn.).
  • 284
    • 84923716354 scopus 로고    scopus 로고
    • The United States Constitution has been interpreted to provide some protection to women's choice to abort a pregnancy under the rubric of privacy. See Roe v. Wade, 410 U.S. 113 (1973). However, the Supreme Court has allowed quite harsh limitations on public funding for abortion. See Harris v. McRae, 448 U.S. 297 (1980) (denying funding even for medically necessary therapeutic abortion)
    • The United States Constitution has been interpreted to provide some protection to women's choice to abort a pregnancy under the rubric of privacy. See Roe v. Wade, 410 U.S. 113 (1973). However, the Supreme Court has allowed quite harsh limitations on public funding for abortion. See Harris v. McRae, 448 U.S. 297 (1980) (denying funding even for medically necessary therapeutic abortion).
  • 285
    • 84923716353 scopus 로고    scopus 로고
    • note
    • The constitution provides that it can be amended only by a two-thirds vote of the National Assembly. See CǍSOPISNI art. 55. This constitutional entrenchment is especially important, because in the elections of November 10, 1996, the Rightist parties won 50% of the vote, and only seven women remain in the Assembly (none are in the government). E-mail Exchange with Bojan Bugaric, Univ. of Slovenia (Nov. 14, 1996; Feb. 26, 1997; Mar. 19, 1997) (transcripts on file with author).
  • 287
    • 84923716352 scopus 로고    scopus 로고
    • note
    • CǍSOPISNI art. 17. However, the second of the article's two sentences refers to the death penalty ("There shall be no capital punishment in Slovenia."), further suggesting the inappropriateness of applying the Article to fetuses or embryos.
  • 288
    • 84923716343 scopus 로고    scopus 로고
    • note
    • The West German Constitution was drafted following World War II. It included a general provision on the equality of the sexes, but no provision relating to reproductive freedom, birth control, or abortion. See GRUNDGESETZ FÜR DIE BUNDESREPUBLIK DEUTSCHLAND [Constitution] (1994) (F.R.G.).
  • 289
    • 84923716341 scopus 로고    scopus 로고
    • See Rosenberg, supra note 64, at 135-36
    • See Rosenberg, supra note 64, at 135-36.
  • 290
    • 84923716339 scopus 로고    scopus 로고
    • id. at 139-40
    • See id. at 139-40.
  • 291
    • 84923716338 scopus 로고    scopus 로고
    • note
    • The 1975 decision that provided constitutional protection to fetuses is discussed supra text accompanying notes 112-14.
  • 292
    • 84923752285 scopus 로고
    • Women in East and West Germany: Victims of Discrimination, Humiliation, Domination?
    • Decision of May 28, 1993, Bundesfassungsgericht [BVerfGE] 88, 203 (F.R.G.); see also Petra Bläss, Women in East and West Germany: Victims of Discrimination, Humiliation, Domination?, 5 UCLA WOMEN'S L.J. 71, 73-74 (1994); Hermine G. De Soto, "In the Name of the Folk": Women and Nation in the New Germany, 5 UCLA WOMEN'S L.J. 83, 83-84 (1994). For an excellent description and evaluation of the changes in German abortion law following unification, see Rosemarie Will, German Unification and the Reform of Abortion Law, 3 CARDOZO WOMEN'S L.J. 399 (1996).
    • (1994) Ucla Women's L.J. , vol.5 , pp. 71
    • Bläss, P.1
  • 293
    • 0009341127 scopus 로고
    • "In the Name of the Folk": Women and Nation in the New Germany
    • Decision of May 28, 1993, Bundesfassungsgericht [BVerfGE] 88, 203 (F.R.G.); see also Petra Bläss, Women in East and West Germany: Victims of Discrimination, Humiliation, Domination?, 5 UCLA WOMEN'S L.J. 71, 73-74 (1994); Hermine G. De Soto, "In the Name of the Folk": Women and Nation in the New Germany, 5 UCLA WOMEN'S L.J. 83, 83-84 (1994). For an excellent description and evaluation of the changes in German abortion law following unification, see Rosemarie Will, German Unification and the Reform of Abortion Law, 3 CARDOZO WOMEN'S L.J. 399 (1996).
    • (1994) Ucla Women's L.J. , vol.5 , pp. 83
    • De Soto, H.G.1
  • 294
    • 0346037811 scopus 로고    scopus 로고
    • German Unification and the Reform of Abortion Law
    • Decision of May 28, 1993, Bundesfassungsgericht [BVerfGE] 88, 203 (F.R.G.); see also Petra Bläss, Women in East and West Germany: Victims of Discrimination, Humiliation, Domination?, 5 UCLA WOMEN'S L.J. 71, 73-74 (1994); Hermine G. De Soto, "In the Name of the Folk": Women and Nation in the New Germany, 5 UCLA WOMEN'S L.J. 83, 83-84 (1994). For an excellent description and evaluation of the changes in German abortion law following unification, see Rosemarie Will, German Unification and the Reform of Abortion Law, 3 CARDOZO WOMEN'S L.J. 399 (1996).
    • (1996) Cardozo Women's L.J. , vol.3 , pp. 399
    • Will, R.1
  • 296
    • 0026920233 scopus 로고
    • The Politics of Reproduction in Ceausescu's Romania: A Case Study in Political Culture
    • See Gail Kligman, The Politics of Reproduction in Ceausescu's Romania: A Case Study in Political Culture, 6 E. EUR. POL. & SOC'Y 364, 402 (1992).
    • (1992) E. Eur. Pol. & Soc'y , vol.6 , pp. 364
    • Kligman, G.1
  • 297
    • 84923716337 scopus 로고    scopus 로고
    • id. at 415-16
    • See id. at 415-16.
  • 298
    • 84923716336 scopus 로고    scopus 로고
    • PROJECT REPORT, supra note 16, at 61 n.62
    • See PROJECT REPORT, supra note 16, at 61 n.62.
  • 299
    • 84923716335 scopus 로고    scopus 로고
    • AMSDEN ET AL., supra note 32, at 174; Gowan, supra note 73, at 24
    • See AMSDEN ET AL., supra note 32, at 174; Gowan, supra note 73, at 24.
  • 300
    • 84923716334 scopus 로고    scopus 로고
    • AMSDEN ET AL., supra note 32, at 175; Gowan, supra note 73, at 9
    • See AMSDEN ET AL., supra note 32, at 175; Gowan, supra note 73, at 9.
  • 301
    • 84923716333 scopus 로고    scopus 로고
    • AMSDEN ET AL., supra note 32, at 176; Gowan, supra note 73, at 21, 24, 28
    • See AMSDEN ET AL., supra note 32, at 176; Gowan, supra note 73, at 21, 24, 28.
  • 302
    • 84923716332 scopus 로고    scopus 로고
    • AMSDEN ET AL., supra note 32, at 177
    • See AMSDEN ET AL., supra note 32, at 177.
  • 303
    • 84923716323 scopus 로고    scopus 로고
    • id. at 178
    • See id. at 178.
  • 304
    • 84923716321 scopus 로고    scopus 로고
    • id. at 179
    • See id. at 179.
  • 305
    • 84923716319 scopus 로고    scopus 로고
    • id. at 180
    • See id. at 180.
  • 306
    • 84923716318 scopus 로고    scopus 로고
    • id.
    • See id.
  • 307
    • 84923716317 scopus 로고    scopus 로고
    • note
    • At least the governments claim to adopt such policies. It has been asserted that the Czech Republic enjoys a lower unemployment rate than any other country in Central and Eastern Europe because the President was able to reassure the West that he was adopting the neoliberal economic policies while actually subsidizing Czech industries to keep them from being destroyed, including industries that would be considered "inefficient." Interview with Bojan Bujaric, Ljubljana, Slovenia (Oct. 5, 1996).
  • 308
    • 26744435304 scopus 로고    scopus 로고
    • Sense of Betrayal May Topple Lithuania's Communists
    • Oct. 19
    • Michael Tarm, Sense of Betrayal May Topple Lithuania's Communists, L.A. TIMES, Oct. 19, 1996, at A6.
    • (1996) L.A. Times
    • Tarm, M.1
  • 309
    • 84923716316 scopus 로고    scopus 로고
    • id.
    • See id.
  • 310
    • 84923716315 scopus 로고    scopus 로고
    • WALTON & SEDDON, supra note 57, at 289
    • See WALTON & SEDDON, supra note 57, at 289.
  • 311
    • 84923716314 scopus 로고    scopus 로고
    • id. at 309
    • See id. at 309.
  • 312
    • 84923716313 scopus 로고    scopus 로고
    • Frankenberg, supra note 163, manuscript at 1-2
    • See Frankenberg, supra note 163, manuscript at 1-2.
  • 313
    • 84923716312 scopus 로고    scopus 로고
    • id.
    • See id.
  • 314
    • 0003563162 scopus 로고
    • See BARBARA EINHORN, CINDERELLA GOES TO MARKET (1993); MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA, supra note 24; MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA, supra note 24; ANA'S LAND: SISTERHOOD IN EASTERN EUROPE (Tanya Renne ed., 1997).
    • (1993) Cinderella Goes to Market
    • Einhorn, B.1
  • 315
    • 0039564335 scopus 로고    scopus 로고
    • See BARBARA EINHORN, CINDERELLA GOES TO MARKET (1993); MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA, supra note 24; MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA, supra note 24; ANA'S LAND: SISTERHOOD IN EASTERN EUROPE (Tanya Renne ed., 1997).
    • (1997) Ana's Land: Sisterhood in Eastern Europe
    • Renne, T.1
  • 316
    • 84923759464 scopus 로고    scopus 로고
    • Privatization as a Gender Issue
    • supra note 141 Jones, supra note 49; Kaufman, supra note 76
    • See Joan C. Williams, Privatization as a Gender Issue, in A FOURTH WAY?, supra note 141, at 253; Jones, supra note 49; Kaufman, supra note 76.
    • A Fourth Way? , pp. 253
    • Williams, J.C.1
  • 317
    • 84923716303 scopus 로고    scopus 로고
    • infra text accompanying notes 220-29
    • See infra text accompanying notes 220-29.
  • 318
    • 84936823549 scopus 로고
    • Numerous American feminists have focused on economic harm to women. See. e.g., VICTOR R. FUCHS, WOMEN'S QUEST FOR ECONOMIC EQUALITY (1988); MARGARET RANDALL, THE PRICE YOU PAY: THE HIDDEN COST OF WOMEN'S RELATIONSHIP TO MONEY (1996). Feminists are especially concerned with crime. See, e.g., MARGARET T. GORDON & STEPHANIE RIGER, THE FEMALE FEAR (1989).
    • (1988) Women's Quest for Economic Equality
    • Fuchs, V.R.1
  • 319
    • 0347299321 scopus 로고    scopus 로고
    • Numerous American feminists have focused on economic harm to women. See. e.g., VICTOR R. FUCHS, WOMEN'S QUEST FOR ECONOMIC EQUALITY (1988); MARGARET RANDALL, THE PRICE YOU PAY: THE HIDDEN COST OF WOMEN'S RELATIONSHIP TO MONEY (1996). Feminists are especially concerned with crime. See, e.g., MARGARET T. GORDON & STEPHANIE RIGER, THE FEMALE FEAR (1989).
    • (1996) The Price You Pay: The Hidden Cost of Women's Relationship to Money
    • Randall, M.1
  • 320
    • 0004169605 scopus 로고
    • Numerous American feminists have focused on economic harm to women. See. e.g., VICTOR R. FUCHS, WOMEN'S QUEST FOR ECONOMIC EQUALITY (1988); MARGARET RANDALL, THE PRICE YOU PAY: THE HIDDEN COST OF WOMEN'S RELATIONSHIP TO MONEY (1996). Feminists are especially concerned with crime. See, e.g., MARGARET T. GORDON & STEPHANIE RIGER, THE FEMALE FEAR (1989).
    • (1989) The Female Fear
    • Gordon, M.T.1    Riger, S.2
  • 321
  • 322
  • 323
    • 84923716301 scopus 로고    scopus 로고
    • Gowan, supra note 73
    • See Gowan, supra note 73.
  • 324
    • 84923716299 scopus 로고    scopus 로고
    • AMSDEN ET AL., supra note 32
    • See AMSDEN ET AL., supra note 32.
  • 325
    • 84923703841 scopus 로고    scopus 로고
    • Fighting for Survival: Women's Responses to Austerity Programs
    • supra note 57
    • See Victoria Danes & David Seddon, Fighting for Survival: Women's Responses to Austerity Programs, in WALTON & SEDDON, supra note 57, at 57-59.
    • Walton & Seddon , pp. 57-59
    • Danes, V.1    Seddon, D.2
  • 326
    • 84923716298 scopus 로고    scopus 로고
    • note
    • For example, we should ensure that exchange programs that bring people to the United States include a fair proportion of women.
  • 327
    • 84923716297 scopus 로고    scopus 로고
    • FUCHS, supra note 211
    • On the differential access of American men and American women to financial resources, see generally FUCHS, supra note 211.
  • 328
    • 84923716296 scopus 로고    scopus 로고
    • AMSDEN ET AL., supra note 32
    • For a description of Sachs' influence, see Gowan, supra note 73. The closest comparison might be the M.I.T. professor Alice Amsden. See AMSDEN ET AL., supra note 32.
  • 329
    • 84923716295 scopus 로고    scopus 로고
    • MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA, supra note 24, at 19; MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA, supra note 24, at 10
    • See MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN BULGARIA, supra note 24, at 19; MINNESOTA ADVOCATES, DOMESTIC VIOLENCE IN ROMANIA, supra note 24, at 10.
  • 330
    • 84923716294 scopus 로고    scopus 로고
    • PROJECT REPORT, supra note 16, at 35, 41-42
    • See PROJECT REPORT, supra note 16, at 35, 41-42.
  • 332
    • 0003876219 scopus 로고    scopus 로고
    • PROJECT REPORT, supra note 16, at 35, 41-42; Gowan, supra note 73, at 12
    • See PROJECT REPORT, supra note 16, at 35, 41-42; KATHERINE VEDERY, WHAT WAS SOCIALISM, AND WHAT COMES NEXT? (1996); Gowan, supra note 73, at 12.
    • (1996) What Was Socialism, and What Comes Next?
    • Vedery, K.1
  • 333
    • 84923716293 scopus 로고    scopus 로고
    • GORDON & RIGER, supra note 211
    • On the inability of women to walk the streets safely at night in many parts of the United States, see GORDON & RIGER, supra note 211.
  • 334
    • 84926275135 scopus 로고
    • Implementing the Criminal Defendant's Right to Trial: Alternatives to the Plea Bargaining System
    • See Albert W. Alschuler, Implementing the Criminal Defendant's Right to Trial: Alternatives to the Plea Bargaining System, 50 U. CHI. L. REV. 931 (1983); James B. Jacobs, Symposium, Guns at Home, Guns on the Street: International Perspectives, 15 N.Y.L. SCH. J. INT'L & COMP. L. 275, 276 (1995) (reporting more felony arrests in United States than in all of Europe combined).
    • (1983) U. Chi. L. Rev. , vol.50 , pp. 931
    • Alschuler, A.W.1
  • 335
    • 84923712170 scopus 로고
    • Symposium, Guns at Home, Guns on the Street: International Perspectives
    • See Albert W. Alschuler, Implementing the Criminal Defendant's Right to Trial: Alternatives to the Plea Bargaining System, 50 U. CHI. L. REV. 931 (1983); James B. Jacobs, Symposium, Guns at Home, Guns on the Street: International Perspectives, 15 N.Y.L. SCH. J. INT'L & COMP. L. 275, 276 (1995) (reporting more felony arrests in United States than in all of Europe combined).
    • (1995) N.Y.L. Sch. J. Int'l & Comp. L. , vol.15 , pp. 275
    • Jacobs, J.B.1
  • 336
    • 84923716292 scopus 로고    scopus 로고
    • supra text accompanying notes 75-76
    • See supra text accompanying notes 75-76.
  • 337
    • 0347112535 scopus 로고    scopus 로고
    • Feb. 7
    • See CENTER FOR DISEASE CONTROL, U.S. DEP'T OF HEALTH & HUMAN SERVS., MORBIDITY AND MORTALITY WEEKLY REPORT 101-05 (Feb. 7, 1997).
    • (1997) Morbidity and Mortality Weekly Report , pp. 101-105
  • 338
    • 26744465118 scopus 로고
    • Life in City's Toughest Neighborhood
    • Sept. 16
    • I have found that in parts of Scandinavia, it is still considered acceptable to leave a child in a baby carriage outside a store while shopping. Cf. Chronicle, WCBV Boston (ABC television broadcast, July 29, 1996) (reporting on baby carriages left outside stores in Reykjavik, Iceland). In the United States, there are many neighborhoods where it is not safe for children to play outside. See, e.g., Roxana Kopetman, Life in City's Toughest Neighborhood, L.A. TIMES, Sept. 16, 1990, at J1.
    • (1990) L.A. Times
    • Kopetman, R.1
  • 339
    • 84923723824 scopus 로고
    • Thoughts on Living and Moving with the Recurring Divide
    • This is a major theme of the "Take Back the Night" campaigns organized by women. For a description of "Take Back the Night" marches, see Nadine Taub, Thoughts on Living and Moving with the Recurring Divide, 24 GA. L. REV. 965 (1990) . Taub explains: [A] spectrum of women have joined together in reclaiming public space. Frequent in the late 1970s, marches have been revived in recent years. The very notion that women are entitled to be on the streets at night is a wonderful source of energy for liberating women who learn early on where they can and cannot go. Id. at 983; see also Susan Stefan, The Protection Racket: Rape Trauma Syndrome, Psychiatric Labeling, and Law, 88 NW. U. L. REV. 1271, 1286 (1994). Stefan explains: Women in the early and mid-1970s began organizing and speaking out about rape and violence against women. They publicized the extent of the violence done to women and protested the insensitive practices and procedures by police and the judicial and medical systems that perpetuated the silence. The feminist analysis was based upon the premise that rape was not an individual act or aberration, but an integral part of the objective, innate, and unchanging subordination of women relative to men. Characterizing rape for the first time from a political and social perspective led to collective action to challenge the myths, stereotypes, and silence. The first rape speak-out was organized in 1971 by the New York Radical Feminists. . . . It was followed by speak-outs everywhere - women telling their stories of rape in public. The stories were not only stories of abuse and horror, but of triumph and empowerment. Whether they were called speak-outs or rallies or marches to take back the night, women acted collectively to publicize, redefine, and assert control over the violence against them, to end the silence, and to give themselves an opportunity, finally, to articulate their anger and pain. Id. (citations omitted). For statistics on women's fear for their safety, see GORDON & RIGER, supra note 211, at 10-11.
    • (1990) Ga. L. Rev. , vol.24 , pp. 965
    • Taub, N.1
  • 340
    • 84937316471 scopus 로고    scopus 로고
    • The Protection Racket: Rape Trauma Syndrome, Psychiatric Labeling, and Law
    • This is a major theme of the "Take Back the Night" campaigns organized by women. For a description of "Take Back the Night" marches, see Nadine Taub, Thoughts on Living and Moving with the Recurring Divide, 24 GA. L. REV. 965 (1990) . Taub explains: [A] spectrum of women have joined together in reclaiming public space. Frequent in the late 1970s, marches have been revived in recent years. The very notion that women are entitled to be on the streets at night is a wonderful source of energy for liberating women who learn early on where they can and cannot go. Id. at 983; see also Susan Stefan, The Protection Racket: Rape Trauma Syndrome, Psychiatric Labeling, and Law, 88 NW. U. L. REV. 1271, 1286 (1994). Stefan explains: Women in the early and mid-1970s began organizing and speaking out about rape and violence against women. They publicized the extent of the violence done to women and protested the insensitive practices and procedures by police and the judicial and medical systems that perpetuated the silence. The feminist analysis was based upon the premise that rape was not an individual act or aberration, but an integral part of the objective, innate, and unchanging subordination of women relative to men. Characterizing rape for the first time from a political and social perspective led to collective action to challenge the myths, stereotypes, and silence. The first rape speak-out was organized in 1971 by the New York Radical Feminists. . . . It was followed by speak-outs everywhere - women telling their stories of rape in public. The stories were not only stories of abuse and horror, but of triumph and empowerment. Whether they were called speak-outs or rallies or marches to take back the night, women acted collectively to publicize, redefine, and assert control over the violence against them, to end the silence, and to give themselves an opportunity, finally, to articulate their anger and pain. Id. (citations omitted). For statistics on women's fear for their safety, see GORDON & RIGER, supra note 211, at 10-11.
    • Nw. U. L. Rev. , vol.88 , pp. 1271
    • Stefan, S.1
  • 341
    • 84923716283 scopus 로고    scopus 로고
    • supra note 229
    • See supra note 229.
  • 342
    • 84923716281 scopus 로고    scopus 로고
    • supra text accompanying note 145
    • See supra text accompanying note 145.
  • 345
    • 84923716279 scopus 로고    scopus 로고
    • note
    • It may well be the case that the "fall" of Communism and the increasing problems within capitalism originate from the same source: a lack of democracy due to a failure to deal with men's domination of women. In particular, feminist scholars have shown that classical liberal theorists, whose ideas continue to shape most theories of social change and government, were men who existed comfortably in a society that oppressed women and who all too often avoided dealing with women or women's inequality. Ignoring power differences does not help to erase them. The project of social reconstruction is most in need of a theory of political change, a theory of shifting power over time. The Achilles heel of Communism is the problem of developing a monopoly of power, comparable to the monopoly of economic power, the Achilles heel of capitalism.
  • 346
    • 84923716278 scopus 로고    scopus 로고
    • CARROLL, supra note 1, at 244
    • CARROLL, supra note 1, at 244.


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.