Searching for a feminist voice : film festivals and negotiating the tension between expectation and intent

International Film Festivals play a vital role in shaping filmmakers’ careers. This paper presents some initial findings from a current major research project, highlighting the significance of particular festival programming of emerging female directors from developing nations. Some filmmakers showcased at festivals actively privilege the voices of women in their films as a means of commenting on pressing cultural and political issues. Ironically, other filmmakers do not subscribe to the label of “feminist” or “woman filmmaker”, even if their respective films represent a strongly coded woman’s point of view. Tensions also arise inevitably when scrutinising women filmmakers from developing nations within a first world film festival context. The expectations of the researcher, the festival, film critics and audiences inevitably must negotiate with the original intentions of the filmmaker. This paper explores the significance of women filmmakers in attendance at the Brisbane International Film Festival (2009) and the International Film Festival Rotterdam (2010).

Feminist contributions to understanding woman abuse: Myths, controversies, and realities

Woman abuse in intimate heterosexual relationships takes different shapes and forms and is a worldwide public health problem. Many journalists, activists, and researchers, however, minimize the extent of woman abuse, sharply criticize feminist empirical, theoretical, and policy work on this issue, and disseminate myths about feminism. A key objective of this paper is to challenge these myths and respond to criticisms of feminist scholarship. Another goal is to show that some feminists use quantitative methods and that feminist techniques influence some types of conventional research, such as large-scale surveys conducted in Canada and the United States.

Teaching about trafficking : opportunities and challenges for critical engagement

When I was first invited to teach a women's studies course called Sex Trafficking in 2002, most of my students had never heard of the issue. Internet and literature searches for "trafficking" mostly turned up references to trafficking in drugs and weapons, not people. When I revised the course for a topical capstone in Criminology, Justice, and Policy Studies in 2006, all of my students had heard about human trafficking, and a handful had already studied it in other classes. The availability of books, films, scholarly articles, and advocacy pieces had all increased exponentially since I first became engaged in the field. This bounty provided a wealth of resources for teaching but also presented a greater challenge when it came to deciding which texts to include. It also added to the inevitable pedagogical angst over what to leave out. I came to know about trafficking by accident, when I was hired as a research assistant at The Protection Project (TPP) in 1999. In my time at TPP I authored a literature review on human trafficking. At that time, my comprehensive database of sources contained fewer than one hundred books and articles, a few UN documents, a handful of films, and some websites from nongovernmental organizations. My review of the literature inevitably reflected the ideological chasm between those who saw trafficking as primarily a labor, migration, and rights issue and those who saw it as primarily a sexual exploitation issue. On the policy end, these ideological orientations created bizarre bedfellows of individuals and organizations that otherwise would have been at odds. The ideological divide has not diminished in the intervening years, and it is important to be aware of and to negotiate this in designing a course on trafficking. As a feminist teacher, I was very aware of the divisions among feminists on the subject of trafficking, and was interested in communicating these differences to students who were not well versed in the varieties of feminist thought. I was also mindful of the difficulties my American students had in engaging with some of the course texts and issues the first time around. For some students, moral judgments about prostitutes were as far as they were able to go in engaging with the course. These students could not find a way in to think about the many issues involved in trafficking. How could I reach them? In this article, I share some of my texts and tactics with others who might find themselves in a position to teach about human trafficking. I include my case for why feminist teachers should teach trafficking, an overview of the debate that divides the field, my rationale for organizing the course the way that I did, issues to consider when designing a course on trafficking, and some suggested readings, films, and web resources.

Open access to judgments : Creative Commons licences and the Australian courts

Internet technologies have fundamentally changed the way we obtain access to legal documents and information about the law. However, for judgments of courts and tribunals, copyright management and licensing practices have not kept pace with the digital and online technologies which are now ubiquitous in the web 2.0 era. Under the provisions of the Copyright Act 1968 and the licensing statements on the Australian courts’ websites, judgments may generally be read online, downloaded, reproduced and printed out for personal, non-commercial use or ”in house” use by an organisation. However, beyond these permitted acts, the extent to which judgments can be copied and distributed in digital form online remains unclear. Open content licences (in particular, the Creative Commons (CC) licences) offer an effective mechanism for managing copyright in judgments in a manner that supports their wide public dissemination and reuse while also protecting their integrity and accuracy.

Feminist criminologies’ contribution to understandings of sex, gender, and crime

This chapter provides an overview of the contribution of feminist criminologies to understandings of the complex intersections between sex, gender and crime. Dozens of scholars and activists have participated in these debates over the past four decades. For our contribution to this handbook, we interviewed ten distinguished scholars whose contributions are recognized internationally. Through the commentary provided by these scholars, this chapter examines some of the distinctive contributions of feminism to our knowledge about sex, gender, and crime, as well as some of the challenges it continues to face in the field of criminology. We conclude that feminist work within criminology continues to face a number of lingering challenges, most notably in relation to the struggle to maintain relevance in a world where concerns about gender inequality are marginalized and considered as historical relics not contemporary issues; where there are on-going tensions around the best strategies for change, as well as difficulties in challenging distorted representations of female crime and violence; and where a backlash, anti-feminist politics seeks to discredit explanations that draw a link between sex, gender, and crime. This chapter critically reviews these lingering challenges—locating feminist approaches (of which there are many) at the centre and not the periphery of advancing knowledge about gender, sex, and crime.

Narrative review of changing medical and feminist perspectives on menopause : from femininity and ageing to risk and choice

Meanings and descriptions of menopause have shifted focus over the past century and a half; more particularly the past sixty years has seen a shift from descriptions of hormone decline and its relation to ageing, femininity and symptoms of menopause since the 1960's to the possibility for preventive medicine afforded by menopause. Medicine is not a static field in its construction of menopause. It has changed, not least by its engagement (positively or negatively) with critique from both within (epidemiological) and without (feminist and social sciences). In this review we identify three recent changes: (1) Increasing concern with women's decision-making. (2) The emergence from within medicine of the rejection of the use of language which defines menopause as a condition of deficiency. (3) New insights from postmodern and poststructural analyses of menopause that examine the epistemological foundations of medical and feminist concepts of menopause and contest fixed descriptions of the experience of menopause. Key aspects of a ‘medical menopause’ nevertheless remain constant: menopause is a loss of hormones that results in predictable effects and risks and may be ameliorated by hormone replacement therapy. A question therefore emerges about how and to what effect medical practitioners have engaged with critiques of the medical menopause?

Feminist ethics and menopause : autonomy and decision-making in primary medical care

The construction of menopause as a long-term risk to health and the adoption of discourses of prevention has made necessary a decision by women about medical treatment; specifically regarding the use of hormone replacement therapy. In a study of general practitioners’ accounts of menopause and treatment in Australia, women's ‘choice’, ‘informed decision-making’ and ‘empowerment’ were key themes through which primary medical care for women at menopause was presented. These accounts create a position for women defined by the concept of individual choice and an ethic of autonomy. These data are a basis for theorising more generally in this paper. We critically examine the construct of ‘informed decision-making’ in relation to several approaches to ethics including bioethics and a range of feminist ethics. We identify the intensification of power relations produced by an ethic of autonomy and discuss the ways these considerations inform a feminist ethics of decision-making by women. We argue that an ‘ethic of autonomy’ and an ‘offer of choice’ in relation to health care for women at menopause, far from being emancipatory, serves to intensify power relations. The dichotomy of choice, to take or not to take hormone replacement therapy, is required to be a choice and is embedded in relations of power and bioethical discourse that construct meanings about what constitutes decision-making at menopause. The deployment of the principle of autonomy in medical practice limits decision-making by women precisely because it is detached from the construction of meaning and the self and makes invisible the relations of power of which it is a part.

Book review: "Ideologies of Breast Cancer : Feminist Perspectives" Edited by Laura K. Potts. New York: St. Martin’s Press

Laura K. Potts’s edited collection of research on the meanings of breast cancer includes authors from the United Kingdom, the United States, and Canada whose perspectives draw on literary criticism, sociology, psychology, and cultural studies among others. The research employs various methodological approaches—for example, media analysis (Saywell et al.), autobiographical narratives (Potts), and analysis of social activism (Fishman)—to elucidate the multiple dimensions and diversity of breast cancer experiences. The first of two parts, “Meanings of Breast Cancer,” presents the problematical relationship between biomedicine and women’s constructions of breast cancer knowledge, the sexualized and maternalized breast in the print media about breast cancer, environmental risks to women’s health in the Bay Area of San Francisco, and women’s narratives of breast cancer and situating the self. In part 2, “Discourses of Risk and Breast Cancer,” examination of the discourses of prevention and risks to health are taken up in relation to breast cancer screening, the problem of prophylactic mastectomy for hereditary breast cancer, and environmental activism...

Recognition and enforcement of foreign judgments : are the rules appropriate?

The recognition and enforcement of foreign judgments is an aspect of private international law, and concerns situations where a successful party to litigation seeks to rely on a judgment obtained in one court, in a court in another jurisdiction. The most common example where the recognition and enforcement of foreign judgments may arise is where a party who has obtained a favourable judgment in one state or country may seek to recognise and enforce the judgment in another state or country. This occurs because there is no sufficient asset in the state or country where the judgment was rendered to satisfy that judgment. As technological advancements in communications over vast geographical distances have improved exponentially in recent years, there has been an increase in cross-border transactions, as well as litigation arising from these transactions. As a result, the recognition and enforcement of foreign judgments is of increasing importance, since a party who has obtained a judgment in cross-border litigation may wish to recognise and enforce the judgment in another state or country, where the defendant’s assets may be located without having to re-litigate substantive issues that have already been resolved in another court. The purpose of the study is to examine whether the current state of laws for the recognition and enforcement of foreign judgments in Australia, the United States and the European Community are in line with modern-commercial needs. The study is conducted by weighing two competing objectives between the notion of finality of litigation, which encourages courts to recognise and enforce judgments foreign to them, on the one hand, and the adequacy of protection to safeguard the recognition and enforcement proceedings, so that there would be no injustice or unfairness if a foreign judgment is recognised and enforced, on the other. The findings of the study are as follows. In both Australia and the United States, there is a different approach concerning the recognition and enforcement of judgments rendered by courts interstate or in a foreign country. In order to maintain a single and integrated nation, there are constitutional and legislative requirements authorising courts to give conclusive effects to interstate judgments. In contrast, if the recognition and enforcement actions involve judgments rendered by a foreign country’s court, an Australian or a United States court will not recognise and enforce the foreign judgment unless the judgment has satisfied a number of requirements and does not fall under any of the exceptions to justify its non-recognition and non-enforcement. In the European Community, the Brussels I Regulation which governs the recognition and enforcement of judgments among European Union Member States has created a scheme, whereby there is only a minimal requirement that needs to be satisfied for the purposes of recognition and enforcement. Moreover, a judgment that is rendered by a Member State and based on any of the jurisdictional bases set forth in the Brussels I Regulation is entitled to be recognised and enforced in another Member State without further review of its underlying jurisdictional basis. However, there are concerns as to the adequacy of protection available under the Brussels I Regulation to safeguard the judgment-enforcing Member States, as well as those against whom recognition or enforcement is sought. This dissertation concludes by making two recommendations aimed at improving the means by which foreign judgments are recognised and enforced in the selected jurisdictions. The first is for the law in both Australia and the United States to undergo reform, including: adopting the real and substantial connection test as the new jurisdictional basis for the purposes of recognition and enforcement; liberalising the existing defences to safeguard the application of the real and substantial connection test; extending the application of the Foreign Judgments Act 1991 (Cth) in Australia to include at least its important trading partners; and implementing a federal statutory scheme in the United States to govern the recognition and enforcement of foreign judgments. The second recommendation is to introduce a convention on jurisdiction and the recognition and enforcement of foreign judgments. The convention will be a convention double, which provides uniform standards for the rules of jurisdiction a court in a contracting state must exercise when rendering a judgment and a set of provisions for the recognition and enforcement of resulting judgments.