Preferred Citation: Eisenstein, Zillah R. The Color of Gender: Reimaging Democracy. Berkeley:  University of California Press,  c1994 1994. http://ark.cdlib.org/ark:/13030/ft887008bb/


 
Notes

Notes

INTRODUCTION

1. For critiques of traditional political theory, see Christine diStefano, Configurations of Masculinity (Ithaca, N.Y.: Cornell University Press, 1991); Zillah Eisenstein, The Radical Future of Liberal Feminism (Boston: Northeastern University Press, 1981); Jean Bethke Elshtain, Public Man, Private Woman (Princeton, N.J.: Princeton University Press, 1981); Carole Pateman, The Sexual Contract (Stanford, Calif.: Stanford University Press, 1988); Mary Lyndon Shanley and Carole Pateman, eds., Feminist Interpretations and Political Theory (University Park: Pennsylvania State University Press, 1991). For a more direct feminist critique of democracy, see Susan Moller Okin, Justice, Gender and the Family (New York: Basic Books, 1989); and Anne Phillips, Engendering Democracy (University Park: Pennsylvania State University Press, 1991).

2. Toni Morrison, Playing in the Dark: Whiteness and the Literary Imagination (Cambridge, Mass.: Harvard University Press, 1992), pp. 10-12.

3. Evelyn Brooks-Higginbotham, "African-American Women's History and the Metalanguage of Race," Signs 17, no. 2 (Winter 1992): 257-58.

4. Donna J. Haraway, Simians, Cyborgs, and Women: The Reinvention of Nature (New York: Routledge, 1991), p. 129.

5. For a full discussion and definition of neoconservatism, see Zillah Eisenstein, Feminism and Sexual Equality: Crisis in Liberal America (New York: Monthly Review Press, 1984).

6. I use the terms sex and gender in their interconnected, but not synonymous, meaning. Whereas sex connotes the biological female, gender designates the cultural interpretation of being female. "Biology is, in part, gendered—which is, in part, culture; and gender is, in part, biological—which is also, in part, cultural" (p. 2). See Zillah Eisenstein, The Female Body and the Law (Berkeley and Los Angeles: University of California Press, 1989), for a full accounting of this relationship.

7. For an interesting discussion of problems with the feminist critique of postmodernism, see Wendy Brown, "Feminist Hesitations, Postmodern Exposures," differences 3, no. 1 (Spring 1991): 63-84. Brown argues that feminists fear postmodern intellectual maneuvers because feminists reject fixed metaphysical referents which privilege women's voice. She assumes that feminists fear a "cacophony of unequal voices clamoring for position" (p. 73). But Brown misrepresents feminism in order to position postmodernism favorably. I instead view the relationship between feminism and postmodernism in a more complicated fashion; postmodernism has developed in dialogue with and in critique of feminist insights throughout. There are a series of intersections between feminism and postmodernism that complicate an easy separation of the two.

8. Kwame Anthony Appiah, In My Father's House: Africa in the Philosophy of Culture (New York: Oxford University Press, 1992), pp. 140, 142.

9. Sheldon Wolin, "Beyond Marxism and Monetarism," Nation 250, no. 11 (19 Mar. 1990): 373.

10. Christopher Lasch, The Culture of Narcissism (New York: Norton, 1979).

11. Lane Kenworthy, "What Kind of Economic System? A Leftist's Guide," Socialist Review 20, no. 2 (Apr. 1990): 121.

12. Helga Maria Hernes, Welfare State and Woman Power: Essays in State Feminism (Oslo: Norwegian University Press, 1987), pp. 46, 123, 131.

13. I do not share Judith Butler's fear that "feminist politics precludes a radical inquiry into the political construction and regulation of identity itself" (p. 11) because such politics accept the regulation inherent in the construction of woman as an identity. See her Gender Trouble: Feminism and the Subversion of Identity (New York: Routledge, 1990).

14. Slavenka Drakulic, "In Their Own Words: Women of Eastern Europe," Ms. 1, no. 1 (July/Aug. 1990): 36-47; and her "Living in a Le Carré Novel," Nation 252, no. 8 (4 March 1991): 261.

15. Inji Aflatun, "We Egyptian Women," in Opening the Gates: A Century of Arab Feminist Writing, ed. Margot Badran and Miriam Cooke (Bloomington: Indiana University Press, 1990), p. 350.

16. Nahid Toubia, "Challenges Facing the Arab Woman at the End of the Twentieth Century," in Opening the Gates, p. 367.

17. Ghada Samman, "Our Constitution—We the Liberated Women," in Opening the Gates, p. 141.

18. Margot Badran and Miriam Cooke, Introduction to Opening the Gates, pp. 15, 33.

19. Madhu Kishwar, "Why I Do Not Call Myself a Feminist," Manushi, no. 61 (Nov/Dec. 1990), p. 3.

20. As quoted in Karen Grisby Bates, "They've Gotta Have Us," New York Times Magazine, 14 July 1991, p. 38.

21. Michael Lowy, "Twelve Theses on the Crisis of 'Really Existing Socialism,' " Monthly Review 43, no. 1 (May 1991): 33.

22. Ralph Miliband, "Socialism in Question," Monthly Review 42, no. 10 (Mar. 1991): 21, 25.

23. Chantal Mouffe, "Hegemony and New Political Subjects: Toward a New Concept of Democracy," in Marxism and the Interpretation of Culture, ed.

Cary Nelson and Lawrence Grossberg (Urbana: University of Illinois Press, 1988), pp. 100, 101.

24. Manning Marable, "Remaking American Marxism," Monthly Review 42, no. 8 (Jan. 1991): 42, 46, 53. Also see his The Crisis of Color and Democracy: Essays on Race, Class and Power (Monroe, Maine: Common Courage Press, 1992).

One— Eastern European Male Democracies— A Problem of Unequal Equality

1. As quoted by David Binder in "Two Student Militants," New York Times, 10 Jan. 1990, p. A10.

2. John Stuart Mill, "From the Political Economy, Book II, Chapter 1," in Socialism, ed. W. D. P. Bliss (New York: Humboldt, 1890); Zillah Eisenstein, "J. S. Mill and Harriet Taylor: Liberal Individualism, Socialism, and Feminism," in The Radical Future of Liberal Feminism (Boston: Northeastern University Press, 1981).

3. Rosa Luxemburg, as stated in the Spartacus Letters and quoted by Irving Howe in "From the Dustbin of History," Dissent 37, no. 2 (Spring 1990): 184. Also see her "Reform or Revolution," in Selected Political Writings, ed. Dick Howard (New York: Monthly Review Press, 1971).

4. A vast literature deals with the inadequacies of Marxism for feminism. Here are a few titles: Michele Barrett, Women's Oppression Today: Problems in Marxist Feminist Analysis (London: New Left Books, 1980); Zillah Eisenstein, Capitalist Patriarchy and the Case for Socialist Feminism (New York: Monthly Review Press, 1979); Karen Hansen and Ilene Philipson, eds., Women, Class and the Feminist Imagination: A Socialist-Feminist Reader (Philadelphia: Temple University Press, 1990); Sonia Kruks, Rayna Rapp, and Marilyn Young, eds., Promissory Notes: Women in the Transition to Socialism (New York: Monthly Review Press, 1989); Catherine MacKinnon, Toward a Feminist Theory of the State (Cambridge: Harvard University Press, 1989); and Lydia Sargent, Women and Revolution: A Discussion of the Unhappy Marriage of Marxism and Feminism (Boston: South End Press, 1981).

5. V. I. Lenin, Emancipation of Women from the Writings of V. I. Lenin (New York: International Publishers, 1934).

6. John Stuart Mill, On the Subjection of Women (1869; reprint, Greenwich, Conn.: Fawcett, 1971).

7. Karl Marx and Friedrich Engels, The German Ideology, ed. R. Pascal (1939; reprint, New York: International Publishers, 1947).

8. Karl Marx and Friedrich Engels, The Economic and Philosophic Manuscripts of 1844, ed. Dirk J. Struik, trans. Martin Milligan (New York: International Publishers, 1964).

9. Hilda Scott, Does Socialism Liberate Women? Experiences from Eastern Europe (Boston: Beacon Press, 1974). Also see her "Why the Revolution Doesn't Solve Everything: What We Can Learn from the Economics of 'Real' Socialism," Women's Studies International Forum 5, no. 5 (1982): 451-62.

10. Hildegard Maria Nickel, "Women in the German Democratic Republic

and in the New Federal States: Looking Backwards and Forwards," German Politics and Society, nos. 24-25 (Winter 1991-92): 38.

11. Ina Merkel, "Another Kind of Woman," German Politics and Society, nos. 24-25 (Winter 1991-92): 6.

12. Ruth Rosen, "Male Democracies, Female Dissidents," Tikkun 5, no. 6 (Nov.-Dec. 1990): 11. Also see Celestine Bohlen, "East Europe's Women Struggle with New Rules, and Old Ones," New York Times, 25 Nov. 1990, p. E1; and interviews with Anna Bojarska of Poland (pp. 4-6), Helke Misselwitz of East Germany (pp. 6-7), and Tatiana Shcherbina of the Soviet Union (p. 8) in Women's Review of Books 7, nos. 10-11 (6 July 1990).

13. Scott, Does Socialism Liberate Women? p. 86; also see Scott, "Why the Revolution Doesn't Solve Everything," pp. 451-62.

14. Roger Burbach and Steve Painter, "Restoration in Czechoslovakia," Monthly Review 42, no. 11 (Apr. 1991): 42.

15. See Myra Marx Ferree, "The Wall Remaining: Reflections on Feminism and Unification in Germany" (Department of Sociology, University of Connecticut, Photocopy).

16. Nannette Funk and Magda Muller, "Dossier on Women in Eastern Europe," Social Text 9, no. 2, issue 27 (1990): 88.

17. Marlise Simons, "A Divisive Issue of German Unity: How to Reconcile Abortion Laws," New York Times, 19 July 1990, p. A1. Also see Peter Marcuse, "Letter from the German Democratic Republic," Monthly Review 42, no. 3 (July-Aug. 1990): 30-62.

18. Dorothy Rosenberg, "The Colonization of East Germany," Monthly Review Press 43, no. 4 (Sept. 1991): 20.

19. Brenda Bishop, "From Women's Rights to Feminist Politics: The Developing Struggle for Women's Liberation in Poland," Monthly Review 42, no. 6 (Nov. 1990): 15-34.

20. Ruth Rosen, "A Letter to Jirina Siklova: On American Feminism and Gender Democracy," Dissent 38, no. 4 (Fall 1991): 533.

21. See Slavenka Drakulic, "Talk to the European Women's Committee on Security and Cooperation" (Paper delivered in Berlin, November 1990), for a careful critique of the new constitutions of Slovenia and Croatia in terms of their stance on abortion rights.

22. Stephen Engelberg, "Abortion Ban, Sought by Church, Is Rejected by Polish Parliament," New York Times, 18 May 1991, p. A1. Also see Gabrielle Glaser, "New Poland, Same Old Story," Village Voice 36, no. 14 (2 April 1991): 19-21; and her "John Paul Angrily Scolds the Poles over Abortion," New York Times, 4 June 1991, p. A11.

23. "Poland Ends Subsidies for Birth Control Pills," New York Times, 9 May 1991, p. A11.

24. Ferdinand Protzman, "Germany's Facing Abortion Battle," New York Times, 26 Aug. 1990, p. A9.

25. Ferdinand Protzman, "Broader Abortion Law Leaves Germans Somber," New York Times, 27 June 1992, p. A3.

26. Robin Morgan, ed., Sisterhood Is Global (New York: Doubleday, 1984),

p. 577. Also see Jill Neimark, ''Romanian Roulette," Village Voice 36, no. 40 (Oct. 1991): 28.

27. Kathleen Hunt, "The Romanian Baby Bazaar," New York Times Magazine, 24 Mar. 1991, p. 28. Also see Felicity Barringer, "Birth Rates Plummeting in Some Ex-Communist Regions of Eastern Europe": New York Times, 31 Dec. 1991, p. A3; David Binder, "Where Fear and Death Went Forth and Multiplied," New York Times, 24 Jan. 1990, p. A12; Celestine Bohlen, "New Rumanian Government Keeps Some Old Ways,'' New York Times, 31 Jan. 1990, p. A1; Meredith Burke, "Ceausescu's Main Victims: Women and Children," New York Times, 10 Jan. 1990, p. A27; and Robert Cullen, "Report from Romania," New Yorker 66, no. 7 (2 Apr. 1990): 94-112.

28. Elina Haavio-Mannila et al., Unfinished Democracy: Women in Nordic Politics (New York: Pergamon Press, 1985), p. 155.

29. Genia Browning, Women and Politics in the U.S.S.R. (New York: St. Martin's Press, 1987).

30. Maxine Molyneux, "The 'Woman Question' in the Age of Perestroika," New Left Review, no. 183 (Sept.-Oct. 1990): 29.

31. Katrina Vanden Heuvel, "Glasnost for Women," Nation 250, no. 22 (4 June 1990): 773.

32. See Natalya Baranskaya, A Week Like Any Other: Novellas and Stories (Seattle: Seal Press, 1989), for a compelling description of everyday life for Soviet women.

33. Katrina Vanden Heuvel, "Women of Russia Unite!" New York Times, 12 Sept. 1992, p. A21.

34. See A. G. Khomassuridze, "Abortion and Contraception in Georgia," From Abortion to Contraception series (World Health Organization Regional Office for Europe, October 1990, Photocopy). Professor Khomassuridze is at the Zhordania Institute of Human Reproduction, Tbilisi, Georgian SSR.

35. Richard Parker, "Inside the Collapsing Soviet Economy," Atlantic Monthly 265, no. 6 (June 1990): 70.

36. Molyneux, "The 'Woman Question' in the Age of Perestroika," pp. 28-30.

37. Mikhail Gorbachev, Perestroika (New York: Harper and Row, 1987) p. 103.

38. Susan Bridger, Women in the Soviet Countryside (New York: Cambridge University Press, 1987), p. 225. Also see Mary Buckley, Women and Ideology in the Soviet Union (Ann Arbor: University of Michigan Press, 1989); Ellen Carnaghan and Donna Bahry, Political Attitudes and the Gender Gap in the U.S.S.R.: Evidence from Former Soviet Citizens, Working Paper no. 53 (Urbana: University of Illinois at Urbana-Champaign, Soviet Interview Project, October 1988).

39. As cited in Vanden Heuvel, "Women of Russia Unite!" p. A21.

40. Tatyana Momonova, Russian Women's Studies: Essays on Sexism in Soviet Culture (New York: Pergamon Press, 1989).

41. Tatyana Tolstaya, "Notes from Underground," New York Review of Books 37, no. 9 (31 May 1990): 5.

42. Francine du Plessix Gray, Soviet Women: Walking the Tightrope (New York: Doubleday, 1989), p. 37.

43. Betty Friedan, The Feminine Mystique (New York: Dell, 1963). See her later The Second Stage (New York: Summit Books, 1981) for a rebuttal of her earlier stance equating paid work with equality.

44. Du Plessix Gray, Soviet Women: Walking the Tightrope, pp. 97-98.

45. Ibid., p. 97.

46. Ibid., p. 89.

47. Ibid., pp. 35, 47.

48. Yelena Khanga, "No Matryoshkas Need Apply," New York Times, 25 Nov. 1991, p. A19.

49. My critique of the limits of Havel's democratic theorizing focuses on his inadequate treatment of gender issues. For other discussions of the limits of Havel's democratic vision, see George Black, "Prague Gets the Chicago Treatment," Nation 251, no. 20 (10 Dec. 1990): 717-36; Bill Kovach and Tom Winship, "Havel: Prison for Journalists," New York Times, 15 July 1990, p. E19; and A. M. Rosenthal, ''Havel and Waldheim," New York Times, 29 July 1990, p. E19.

50. Vaclav Havel, Disturbing the Peace (New York: Knopf, 1990), p. 9. Also see Vaclav Havel et al., The Power of the Powerless (New York: M. E. Sharpe, 1985).

51. Vaclav Havel, "Words on Words," New York Review of Books 36, nos. 21-22 (18 Jan. 1990): 6.

52. Havel, Disturbing the Peace, pp. 7-9.

53. Vaclav Havel, "The Future of Central Europe," New York Review of Books 27, no. 5 (29 Mar. 1990): 19; also see his "History of a Public Enemy," New York Review of Books 37, no. 9 (31 May 1990): 36-44; "The New Year in Prague," New York Review of Books 38, no. 5 (7 March 1991): 19-20; and "Paradise Lost," New York Review of Books 39, no. 7 (9 Apr. 1992): 6-8. Also see Timothy Garton Ash, "The Revolution of the Magic Lantern,'' New York Review of Books 36, nos. 21-22 (18 Jan. 1990): 42-51; Jeri Laber, "Witch Hunt in Prague," New York Review of Books 39, no. 8 (23 Apr. 1992): 5-8; Philip Roth, "A Conversation in Prague," New York Review of Books 37, no. 6 (12 Apr. 1990): 14-22; and Vit Horejs and Bonnie Stein, "The New King of Absurdistan," Village Voice 25, no. 3 (16 Jan. 1990): 31-35.

54. Havel, "Future of Central Europe."

55. Vaclav Havel, Living in Truth (Boston: Faber & Faber, 1989), p. 117.

56. Vaclav Havel, "The End of the Modern Era," New York Times, 1 Mar. 1992, p. E15.

57. Havel, Disturbing the Peace, p. 14.

58. Havel, Living in Truth, p. 118.

59. Havel, Disturbing the Peace, p. 16. Whether or not Havel's vision of a democratic market will be put in place in Czechoslovakia seems questionable given recent developments instituted by its finance minister, Vaclav Klaus. For a discussion of Klaus's adoption of the economic models of Milton Friedman and Friedrich yon Hayek, see Black, "Prague Gets the Chicago Treatment."

60. Havel, Disturbing the Peace, p. 13.

61. Havel, Living in Truth, p. 23.

62. Alena Heitlinger, a Czech feminist who has been corresponding with me, wonders how I can expect Havel to be a feminist within the present cultural context of Czechoslovakia: personal correspondence, 3 Mar. 1991.

63. As quoted in Jefferson Morley, "Mr. Havel Goes to Washington," Nation 251, no. 11 (19 Mar. 1990): 375.

64. Vaclav Havel, Temptation (New York: Grove Press, 1986).

65. Havel, Disturbing the Peace, p. 156.

66. Vaclav Havel, Letters to Olga (New York: Henry Holt, 1988), p. 45. Also see Janet Malcolm, "The Trial of Alyosha," New York Review of Books 37, no. 10 (10 June 1990): 35-38.

67. Havel, Letters to Olga, pp. 48, 59.

68. Lucinda Franks, "Olga Havel," People Magazine 34, no. 10 (10 Sept. 1990): 144.

69. Havel, Living in Truth, p. 180.

70. Alena Heitlinger, "The Status of Women in Changing Economies: Czechoslovakia" (Paper presented at the annual meeting of the American Economic Association, New Orleans, 3-6 Jan. 1992).

71. Bohlen, "East Europe's Women Struggle," p. E2.

72. Ibid., p. 159.

73. Rosen, "Male Democracies," p. 101.

74. Drakulic, "In Their Own Words," 36-47. Also see Slavenka Drakulic, How We Survived Communism and Even Laughed (New York: Norton, 1991).

75. "East German Feminists: The Lila Manifesto," with introduction by Lisa DiCaprio, Feminist Studies 16, no. 3 (Fall 1990): 621.

76. Ibid., p. 627.

77. Ibid., p. 628.

78. Renata Siemienska, "Women and Women's Issues during Systemic Change in Economy and Politics in Poland" (Institute of Sociology, University of Warsaw, Photocopy), p. 34.

79. Eisenstein, Radical Future of Liberal Feminism, p. 114.

80. Celestine Bohlen, "Where the Fires of Hatred Are Easily Stoked," New York Times, 4 Aug. 1991, p. E3; Judith Ingram, "Hungary's Gypsy Women: Scapegoats in a New Democracy," Ms. 2, no. 2 (Sept./Oct. 1991): 17-19; Anthony Lewis, ''Hate Against Hate," New York Times, 15 Nov. 1991, p. A15; James Ridgeway with Bettina Muller, "Wie Deutsch Ist Es?" Village Voice 36, no. 49 (Dec. 1991): 34-41.

Two— United States Politics and the Myth of Post-Racism— The Supreme Court, Affirmative Action, the Black Middle Class, and the New Black Conservatives

1. For further discussion of the neoconservative attack on sexual equality and abortion, see my Feminism and Sexual Equality and Female Body and the Law; and Rosalind Pollack Petchesky, Abortion and Woman's Choice, the State, Sexuality and Reproductive Freedom (Boston: Northeastern University Press, 1984).

2. See Christopher Lasch, The True and Only Heaven (New York: Norton,

1991), for a different and interesting discussion of the place of race and sex in the crisis of liberalism.

3. Anthony Lewis, Make No Law: The Sullivan Case and the First Amendment (New York: Random House, 1991), especially pp. 16-19.

4. New York State Judicial Commission on Minorities, Report, vol. 1: Executive Summary, April 1991. Available from Clerk, New York State Court of Appeals, 1 Eagle St., Albany, NY.

5. Ibid., especially pp. 12, 37, 41.

6. Jerry Gray, "Panel Says Courts Are 'Infested' with Racism," New York Times, 6 June 1991, p. B1.

7. Gary Orfield and Carole Ashkinaze, The Closing Door: Conservative Policy and Black Opportunity (Chicago: Chicago University Press, 1991), pp. 11, 15, 68.

8. Andrew Hacker, Two Nations, Black and White: Separate, Hostile, Unequal (New York: Scribner, 1992).

9. Orlando Patterson and Chris Winship, "White Poor, Black Poor," New York Times, 3 May 1992, p. E17.

10. Michael Omi and Howard Winant, Racial Formation in the United States (New York: Routledge, 1986), p. 68.

11. Stephen Labaton, "Few Minority Companies Get Contracts in Savings Bailout," New York Times, 4 June 1991, p. A1.

12. Arthur A. Fletcher, as quoted in "Rights Chief Sees Race as Factor in Election," New York Times, 1 May 1991, p. A18.

13. Atlantic Monthly 267, no. 5 (May 1991): 53-86.

14. Thomas Byrne Edsall and Mary D. Edsall, Chain Reaction: The Impact of Race, Rights, and Taxes on American Politics (New York: Norton, 1991), pp. x, 7. Also see Andrew Hacker, "Playing the Racial Card," New York Review of Books 38, no. 17 (24 Oct. 1991): 14-18.

15. Edsall and Edsall, Chain Reaction, pp. 138, 144-45.

16. Ibid., pp. 3, 12, 13.

17. Adolph Reed, Jr., and Julian Bond, "Equality: Why We Can't Win," Nation 253, no. 20 (9 Dec. 1991): 733-37.

18. Gertrude Ezorsky, Racism and Justice: The Case for Affirmative Action (Ithaca, NY: Cornell University Press, 1991), pp. 68-70.

19. Stuart Alan Clarke, "Fear of a Black Planet," Socialist Review 21, nos. 3-4 (Dec. 1991): 41.

20. Regents of the University of California v. Bakke, 438 U.S. 265 (1978).

21. Michel Rosenfeld, Affirmative Action and Justice (New Haven: Yale University Press, 1991), pp. 306-308, 325. Also see Andrew Hacker, "Affirmative Action: The New Look," New York Review of Books 36, no. 15 (12 Oct. 1989): 63-68; and Tom Wicker, "Justice of Hypocrisy?" New York Times, 15 Aug. 1991, p. A23.

22. Mary E. Hawkesworth, "The Affirmative Action Debate and Conflicting Conceptions of Individuality," in Hypatia Reborn: Essays in Feminist Philosophy, ed. Azizah Y. al-Hibri and Margaret A. Simons (Bloomington: Indiana University Press, 1990), p. 135.

23. Rosenfeld, Affirmative Action and Justice, p. 42.

24. Eleanor Holmes Norton, interviewed in "The Great Divide: Affirmative Action in America" (Transcript from broadcast on National Public Radio, 15-22 Sept. 1991), p. 11. Available from NPR Transcript Office, (202) 822-2323.

25. Rosenfeld, Affirmative Action and Justice, p. 336.

26. "Another Yale Panel Urges Hiring Women and Minorities for Faculty," New York Times, 24 November 1991, p. A46.

27. Sharon M. Collins, "The Making of the Black Middle Class," Social Problems 30, no. 4 (1983): 369-82.

28. Richard L. Zweigenhaft and William Domhoff, Blacks in the White Establishment? A Study of Race and Class in America (New Haven, Conn.: Yale University Press, 1991).

29. Don Terry, "Cuts in Public Jobs May Hurt Blacks Most," New York Times, 10 Dec. 1991, p. A1.

30. Gerald David Jaynes and Robin M. Williams, Jr., eds., A Common Destiny: Blacks and American Society (Washington, D.C.: National Academy Press, 1989).

31. William P. O'Hare, Kelvin M. Pollard, Taynia L. Mann, and Mary M. Kent, "African Americans in the 1990's," Population Bulletin 46, no. 1 (July 1991), p. 3.

32. See Croson v. City of Richmond, 488 U.S. 469 (1989); Wards Cove Packing v. Atonio, 490 U.S. 642 (1989); Price Waterhouse v. Hopkins, 490 U.S. 228 (1989).

33. 488 U.S. 469 (1989).

34. Ibid., p. 480.

35. Ibid., p. 470.

36. Ibid., p. 496.

37. Ibid., p. 524.

38. Ibid., p. 527.

39. Ibid., p. 537.

40. Ibid., p. 541.

41. 490 U.S. 642 (1989).

42. 401 U.S. 424 (1971).

43. See Ezorsky, Racism and Justice, p. 40, for an insightful discussion of the Griggs case.

44. 490 U.S. 642, 653.

45. Ibid., p. 657 (quoting Watson v. Fort Worth Bank & Trust, 487 U.S. 977 [1988]).

46. Ibid., p. 673.

47. Ibid., p. 662.

48. 491 U.S. 164 (1989).

49. Ibid., p. 171.

50. Ibid., p. 176.

51. Ibid., p. 177.

52. Ibid., p. 187 (Brennan, J., dissenting).

53. 490 U.S. 755 (1989).

54. 491 U.S. 701 (1989).

55. Linda Greenhouse, "Justices Rule Mandatory Busing May Go, Even If

Races Stay Apart," New York Times, 16 Jan. 1991, p. A1. Also see "The Nation's Schools Learn a Fourth R: Resegregation," New York Times, 19 Jan. 1992, p. E5.

56. Robert Pear, "Courts Are Undoing Efforts to Aid Minority Contractors," New York Times, 16 July 1990, p. A1.

57. See Derrick Bell, And We Are Not Saved (New York: Basic Books, 1987), especially pp. 172-75. Also see his Faces at the Bottom of the Well (New York: Basic Books, 1992).

58. 110 S. Ct. 2997 (1990).

59. Ibid., p. 3044. Also see Linda Greenhouse, "Justices Bolster Race Preferences at Federal Level," New York Times, 28 June 1990, p. B8; and her "Renewing Minority Rights Debate, Court Will Decide on F.C.C. Rules," New York Times, 9 Jan. 1990, p. A1; and Neil Lewis, "Court Ruling Encourages Affirmative Action," New York Times, 4 July 1990, p. A12.

60. As quoted in Linda Greenhouse, "Supreme Court Decision Limits Scope of '65 Voting Rights Act," New York Times 28 Jan. 1992, p. A1. Also see Presley v. Etowah County Commission, 112 S. Ct. 820 (1992).

61. As quoted in the "Excerpts from Court Ruling to Lift Curbs on Formerly Segregated Schools," New York Times, 1 Apr. 1992, p. B8. See Freeman v. Pitts, 112 S. Ct. 1430 (1992).

62. 490 U.S. 228 (1989).

63. Ibid., p. 235.

64. Ibid., p. 251.

65. Ibid., p. 242.

66. Ibid., p. 294.

67. 737 F. Supp. 1202, 1206 (D.D.C. 1990).

68. Ibid., p. 1207. Also see Tamar Lewin, "Partnership in Firm Awarded to Victim of Sex Bias," New York Times, 16 May 1990, p. A1.

69. 724 F. Supp. 717, 722 (N.D. Cal. 1989).

70. Nancy Dowd, "Work and Family: The Gender Paradox and the Limitations of Discrimination Analysis in Restructuring the Workplace," Harvard Civil Rights—Civil Liberties Law Review 24 (1989), pp. 79-172. Also see Heidi Hartmann and Roberta Spalter-Roth, "Improving Employment Opportunities for Women" (Testimony Concerning H.R. 1, Civil Rights Act of 1991, before the U.S. House of Representatives Committee on Education and Labor, 17 February 1991), available from the Institute for Women's Policy Research, 1400 20th St. NW, Suite 104, Washington, D.C. 20036.

71. 490 U.S. 900 (1989).

72. Ibid., p. 905.

73. Ibid., p. 912.

74. Ibid., p. 914 (Marshall, J., dissenting).

75. Steven Holmes, "Workers Find It Tough Going Filing Lawsuits over Job Bias," New York Times, 24 July 1991, p. A1.

76. 111 S. Ct. 1196, 1198, 1210 (1991). Also see Linda Greenhouse, "Court Backs Right of Women to Jobs with Health Risks," New York Times, 21 March 1991, p. A1.

77. William Julius Wilson, The Declining Significance of Race (Chicago: University of Chicago Press, 1980), pp. 2, 152.

78. William Julius Wilson, The Truly Disadvantaged (Chicago: University of Chicago Press, 1987), pp. 10, 11.

79. Ibid., pp. 12, 122-24, 130.

80. William Julius Wilson, "How the Democrats Can Harness Whites and Blacks in '92," New York Times, 24 March 1989, p. A31.

81. As quoted in Jason DeParle, "Responding to Urban Alarm Bells at Scholarships' Glacial Pace," New York Times, 19 July 1992, p. E7.

82. Stephen L. Carter, Reflections of an Affirmative Action Baby (New York: Basic Books, 1991), pp. 74-78. Also see his "I Am An Affirmative Action Baby," New York Times, 5 Aug. 1991, p. A13.

83. Carter, Reflections, pp. 80, 165, 249.

84. Ibid., pp. 135, 24.

85. Ibid., pp. 6, 34, 199, 47, 27, 69.

86. Shelby Steele, The Content of Our Character (New York: St. Martin's Press, 1990), pp. 107, 23, 116, 123, 91.

87. Ibid., pp. 49, 28, 39.

88. Ibid., p. 175.

89. Julianne Malveaux, "Why Are the Black Conservatives All Men?" Ms. 1, no. 5 (Mar./Apr. 1991): 60.

Three— The "New Racism" and Its Multiple Faces— The Civil Rights Act of 1990–91, the Clarence Thomas Hearings, the Gulf War, and "Political Correctness"

1. Jefferson Morley, "Bush and the Blacks: An Unknown Story," New York Review of Books 34, nos. 1-2 (16 Jan. 1992): 19-26.

2. Steven Holmes, "When the Subject Is Civil Rights, There Are Two George Bushes," New York Times, 9 June 1991, p. E1.

3. USA Weekend Survey Poll, June 1991, cited in Jessica Lee, "Why Is Bush Rated the Worst?" USA Weekend, Special Report, 28-30 June 1991, p. 7.

4. Anthony DePalma, "Colleges Express Great Confusion on Minority Aid," New York Times, 20 Dec. 1990, p. A1.

5. Karen DeWitt, "U.S. Lets Stand Curb on College Aid Keyed to Race," New York Times, 19 Dec. 1990, p. A1.

6. Karen DeWitt, "Ban on Race-Exclusive Scholarships Expected Today," New York Times, 4 Dec. 1991, p. B16.

7. Anthony DePalma, "Theory and Practice at Odds in Ruling on Minority Scholarships," New York Times, 7 Dec. 1991, p. A10.

8. As quoted by Karen DeWitt, "Education Chief Backs Minority Scholarships," New York Times, 19 Mar. 1993, p. A15.

9. Anthony Lewis, "Defining the Issue," New York Times, 5 Aug. 1991, p. A13.

10. Solicitor General Kenneth W. Starr, as quoted in Linda Greenhouse, "Bush Reverses U.S. Stance Against Black College Aid," New York Times, 22 Oct. 1991, p. B6. The case was United States v. Fordice, 112 S. Ct. 2727 (1991).

11. Steven Holmes, "Bush to Order End of Rules Allowing Race-Based Hiring," New York Times, 21 Nov. 1991, p. A1.

12. Maureen Dowd, "White House Isolation," New York Times, 22 Nov. 1991, p. A1.

13. See Civil Rights Act of 1990, S. 2104, p. 1, and the Civil Rights and Women's Equity in Employment Act of 1991, H.R. 1.

14. Civil Rights and Women's Equity in Employment Act of 1991, H.R. 1, 102d Congress, 1st sess., Rep. No. 102-40, part 1, p. 93. Also see James Ridgeway, "Quota, Unquota," Village Voice 36, no. 23 (4 June 1991): 15.

15. Julie Johnson, "What Bush Is Making of Civil Rights," New York Times, 3 December 1989, p. E4. Also see Steven Holmes, "Major Civil Rights Bill Heads for Senate," New York Times, 10 July 1990, p. A17.

16. Adam Clymer, "Bush Assails 'Quota Bill' at West Point Graduation," New York Times, 2 June 1991, p. A32.

17. Sheilah A. Goodman, "Trying to Undo the Damage: The Civil Rights Act of 1990," Harvard Women's Law Journal 14 (Spring 1991): 185-221.

18. See the following articles by Adam Clymer: "Debate over Civil Rights Bill Raises Questions about the Law and Job Bias," New York Times, 26 May 1991, p. A22; "Bush Denounces Civil Rights Bill Advocated by House Democrats," New York Times, 31 May 1991, p. A1; "Rights Bill Passes in House But Vote Is Not Veto-Proof," New York Times, 6 June 1991, p. A1; "Impasse Seen in Push for Civil Rights Compromise,'' New York Times, 28 June 1991, p. A12; "Study Says Bush's Stand on Civil Rights Bill Contradicts the Courts," New York Times, 28 July 1991, p. A14; ''Senate Democrats Back Compromise on Civil Rights Bill," New York Times, 26 Oct. 1991, p. A1; "Senate Passes Civil Rights Bill, 95-5, Ending a Bitter Debate over Job Bias," New York Times, 31 Oct. 1991, p. A20; and "Bush Heatedly Defends His Record on Civil Rights," New York Times, 11 July 1991, p. A17.

19. Tim Rutten, "A New Kind of Riot," New York Review of Books 39, no. 11 (11 June 1992): 52. Also see Jack Miles, "Blacks vs. Browns," Atlantic Monthly 270, no. 4 (Oct. 1992): 41-68.

20. Cornel West, "Learning to Talk of Race," New York Times Magazine, 2 Aug. 1992, p. 24.

21. R. W. Apple, Jr., "Bush Says Largess Won't Help Cities," New York Times, 7 May 1992, p. A22; David Rosenbaum, "White House Speaking in Code on Riot's Cause," New York Times, 6 May 1992, p. A24; and Michael Wines, "White House Links Riots to Welfare," New York Times, 5 May 1992, p. A1.

22. Michael Wines, "President Focuses on 'Family Values,' " New York Times, 10 Mar. 1992, p. A15; and his "Bush Tells Graduates That Family, Not Government, Can Cure Nation's Ills," New York Times, 18 May 1992, p. A14.

23. For an interesting discussion of how the control of racial and sexual minorities is established through the control of the family, see Carrie G. Costell, "Legitimate Bonds and Unnatural Unions: Race, Sexual Orientation, and Control of the American Family," Harvard Women's Law Journal 15 (Spring 1992): 79-171.

24. Michael Wines, "Appeal of 'Murphy Brown' Now Clear at White House," New York Times, 21 May 1992, p. B16. Also see Andrew Rosenthal, "Quayle Says Riots Arose from Burst of Social Anarchy," New York Times, 20 May 1992, p. A1.

25. Wines, "Appeal of 'Murphy Brown,' " p. A1.

26. Playthell Benjamin, "Uncle Justice Thomas," Village Voice 36, no. 29 (16 July 1991): 27-34; John Hope Franklin, "Booker T. Washington, Revisited," New York Times, 1 Aug. 1991, p. A21; Linda Greenhouse, ''Court Choice Puts Nation's Racial Legacy on Table," New York Times, 8 July 1991, p. A9; Neil Lewis, "On Thomas's Climb, Ambivalence about Issue of Affirmative Action,'' New York Times, 14 July 1991, p. A1; Robert Pear, "Court Nominee Defied Labels as Head of Job-Rights Panel," New York Times, 16 Aug. 1991, p. A1; and Isabel Wilkerson, "A Remedy for Old Racism Has New Kind of Shackles," New York Times, 15 Sept. 1991, p. A1.

27. Clarence Thomas, Letter to the Editor of the Wall Street Journal, 20 Feb. 1987, quoted in "Clarence Thomas in His Own Words," New York Times, 2 July 1991, p. A14.

28. Clarence Thomas, "Climb the Jagged Mountain" (Excerpt from commencement speech at Savannah State College on 9 June 1985), reprinted in New York Times, 17 July 1991, p. A21.

29. Thomas's anti-affirmative action stance led to much debate within the African American community and a lack of support by key civil rights groups. See Maya Angelou, "I Dare to Hope," New York Times, 25 Aug. 1991, p. E15; Richard Berke, "Judge Thomas Faces Bruising Battle with Liberals over Stand on Rights," New York Times, 4 July 1991, p. A12; Haywood Burns, "Clarence Thomas, A Counterfeit Hero," New York Times, 9 July 1991, p. A19; Guido Calabresi, "What Clarence Thomas Knows," New York Times, 28 July 1991, p. E15; Steven Holmes, "Black Quandary over Court Nominee," New York Times, 4 July 1991, p. A12; Steven Holmes, "N.A.A.C.P. and Top Labor Unite to Oppose Thomas," New York Times, 1 Aug. 1991, p. A1; Steven Holmes, "Another Rights Group Is Opposing Judge Thomas," New York Times, 14 Aug. 1991, p. A14; Elizabeth McCaughey, "The Real Clarence Thomas," New York Times, 9 Sept. 1991, p. A15; and Robert Suro, "Jackson Assails Thomas Selection But Warns Against All-Out Fight," New York Times, 11 July 1991, p. A17.

30. Clarence Thomas, as quoted in Neil Lewis, "From Poverty to U.S. Bench," New York Times, 2 July 1991, p. A15. Also see Maureen Dowd, "Conservative Black Judge, Clarence Thomas, Is Named to Marshall's Court Seat," New York Times, 2 July 1991, p. A1.

31. Marvin Warren, "Letter to the Editor: 'The Judge and His Sister: Growing Up Black,' " New York Times, 23 July 1991, p. A20; and Lisa Jones, "The Invisible Ones: The Emma Mae Martin Story, the One Thomas Didn't Tell," Village Voice 36, no. 46 (12 Nov. 1991): 27-28. Also see the selections in Toni Morrison, ed., Race-ing Justice, En-gendering Power: Essays on Anita Hill, Clarence Thomas, and the Construction of Social Reality (New York: Pantheon, 1992) for further discussion of the role of sexism in the life of Thomas's sister.

32. Carol Delaney, "Letter to the Editor, 'The Lives of Women,' " New York Times, 23 July 1991, p. A20.

33. Richard Berke, "Vote on Thomas Is Put Off As Senate Backing Erodes over Harassment Charge," New York Times, 9 Oct. 1991, p. A1; Richard Berke, "Thomas Accuser Tells Hearing of Obscene Talk and Advances; Judge Complains of Lynching," New York Times, 12 Oct. 1991, p. A1; Neil Lewis, "Judiciary Panel Deadlocks, 7-7, on Thomas Nomination for Court," New York Times, 28 Sept. 1991, p. A1; Robert Suro, "Thomas Accuser Defends Her Charge, and Herself,'' New York Times, 8 Oct. 1991, p. A21; and Tom Wicker, ''Blaming Anita Hill," New York Times, 10 Oct. 1991, p. A27.

34. See Toni Morrison, Introduction to Race-ing Justice, En-gendering Power, pp. vii-xxx; and Kimberle Crenshaw, "Whose Story Is It Anyway? Feminist and Antiracist Appropriations of Anita Hill," in Morrison, ed., Race-ing Justice, En-gendering Power, pp. 402-440. Also see Court of Appeal, ed. The Black Scholar (New York: Ballantine Books, 1992).

35. Clarence Thomas, as quoted in Maureen Dowd, "Taboo Issues of Sex and Race Explode in Glare of Hearing," New York Times, 13 Oct. 1991, p. A1.

36. Clarence Thomas, as quoted in Richard Berke, "Thomas Backers Attack Hill: Judge, Vowing He Won't Quit, Says He Is Victim of Race Stigma," New York Times, 13 Oct. 1991, p. A1. Also see R. W. Apple, Jr., "Spectacle of Degradation," New York Times, 13 Oct. 1991, p. A1.

37. Nell Irvin Painter, "Who Was Lynched?" Nation 253, no. 16 (11 Nov. 1991): 577.

38. Barbara Smith, "Ain't Gonna Let Nobody Turn Me Around," Ms. 11, no. 4 (Jan./Feb. 1992): 38. Also see other discussions of Anita Hill in this volume by Patricia Williams, Marcia Ann Gillespie, and Eleanor Holmes Norton; and see Patricia Williams, "Clarence Thomas: A Fiction of Individualism," Radical America 24, no. 1 (Jan./March 1990; published Jan. 1992): 17-20.

39. Nell Irvin Painter, "Hill, Thomas, and the Use of Racial Stereotype," in Morrison, ed., Race-ing Justice, En-gendering Power, p. 209.

40. Anita Hill, as quoted in Felicity Barringer, "Anita Hill Offers Her Version of Senate Hearings," New York Times, 17 Oct. 1992, p. A6. Also see proceedings of the conference on "Race, Gender, and Power in America," available from Georgetown University Law Center.

41. Peter Applebome, "Despite Talk of Sexual Harassment, Thomas Hearings Turned on Race Issue," New York Times, 19 Oct. 1991, p. A8.

42. Maureen Dowd, "The Senate and Sexism," New York Times, 8 Oct. 1991, p. A1; Maureen Dowd, "Facing Issue of Harassment, Capitol Gets Bath in the Mud," New York Times, 10 Oct. 1991, p. A1; Alex Jones, "Newspaper Discloses Op-Ed Conflict," New York Times, 16 Oct. 1991, p. A21; Anna Quindlen, "Listen to Us," New York Times, Oct. 9, 1991, p. A25; Anna Quindlen, "The Perfect Victim," New York Times, 16 Oct. 1991, p. A25.

43. For a detailed accounting of the Senate Judiciary Committee's activities, see Timothy M. Phelps and Helen Winternitz, Capitol Games: Clarence Thomas, Anita Hill, and the Story of a Supreme Court Nomination (New York: Hyperion Press, 1992).

44. Orlando Patterson, "Race, Gender, and Liberal Fallacies," New York

Times, 20 Oct. 1991, p. E15. For a fuller discussion, see Emma Coleman Jordan, "Race, Gender, and Social Class in the Thomas Sexual Harassment Hearings: The Hidden Fault Lines in Political Discourse," Harvard Women's Law Journal 15 (Summer 1992): 1-24.

45. Neil Lewis, "Court Nominee Is Linked to Anti-Abortion Stand," New York Times, 3 July 1991, p. A1; Richard Goldstein, "Don't Mourn, Organize," Village Voice 36, no. 44 (29 Oct. 1991): 26. See also Lewis Lehrman, "The Declaration of Independence and the Right to Life," American Spectator 20, no. 4 (April 1987): 22.

46. Of course, all women do not view the problem of sexual harassment in the same light, and all black women did not support Anita Hill's charges. See Felicity Barringer, "The Drama as Viewed by Women," New York Times, 18 Oct. 1991, p. A12.

47. Terry Eastland, "Bush and the Politics of Race," New York Times, 3 July 1991, p. A19; Robin Toner, "Capturing an Era's Racial Conflicts and Ironies," New York Times, 7 July 1991, p. E1; and Robin Toner, "Having Ridden Racial Issues, Parties Try to Harness Them," New York Times, 27 Oct. 1991, p. A1.

48. Neil Lewis, "Judge's Backers Seek to Undercut Hill," New York Times, 13 Oct. 1991, p. A28.

49. Michael deCourcy Hinds, "Another Surprise May Be Looming," New York Times, 26 Apr. 1992, p. A25; Deborah Sontag, "Anita Hill and Revitalizing Feminism," New York Times, 26 Apr. 1992, p. A31; and Anna Quindlen, "Gender Contender," New York Times, 26 Apr. 1992, p. E19.

50. Patterson, "Race, Gender and Liberal Fallacies," p. E15.

51. Isabel Wilkerson, "Riots Shook Affluent Blacks Trying to Balance Two Worlds," New York Times, 10 May 1992, p. A1.

52. Also see Linda Greenhouse, "Justice Thomas Hits the Ground Running," New York Times, 1 Mar. 1992, p. E1; Neil A. Lewis, "Lower-Court Ruling by Thomas Backs Affirmative-Action Limits," New York Times, 20 Feb. 1992, p. A1; and Lamprecht v. FCC, 958 F. 2d 382 (D.C. Cir. 1992).

53. Eric Schmitt, "Ban on Women in Combat Divides Four Service Chiefs," New York Times, 19 June 1991, p. A16, and his "Senate Votes to Remove Ban on Women as Combat Pilots," New York Times, 1 Aug. 1991, p. A1.

54. Peter Applebome, "Ripples of Pain As U.S. Dips Deeper into Military," New York Times, 31 Jan. 1991, p. A12. Also see Adam Clymer, "A Home Front with No Parents at Home," New York Times, 16 Feb. 1991, p. A10; Jane Gross, "Needs of Family and Country: Missions on a Collision Course," New York Times, 9 Dec. 1990, p. A1; and Jane Gross, "Early Lessons in Wounds of the Spirit,'' New York Times, 19 Feb. 1991, p. A8.

55. Judith Miller, "Saudi Arabia: The Struggle Within," New York Times Magazine, 10 Mar. 1990, pp. 27-46.

56. Youssef Ibrahim, "Saudi Women Take Driver's Seat in Protest," New York Times, 7 Nov. 1990, p. A1; Youssef Ibrahim, "An Outcry from the Saudis' Liberal Minority," New York Times, 9 Nov. 1990, p. A15; and James LeMoyne, "Ban on Driving by Women Reaffirmed by Saudis," New York Times, 15 Nov. 1990, p. A19.

57. See Cynthia Enloe, "Womenandchildren: Making Feminist Sense of the

Persian Gulf Crisis," Village Voice 35, no. 39 (25 Sept. 1991): 29-32; her Bananas, Beaches, and Bases: Making Feminist Sense of International Politics (Berkeley and Los Angeles: University of California Press, 1989), and her Does Khaki Become You? (Boston: South End Press, 1983). Also see Ann Scales, "Militarism, Male Dominance and Feminist Jurisprudence as Oxymoron," Harvard Women's Law Journal 12 (1989): 25-73.

58. "The General: It's a Great Day to Be a Soldier," New York Times, 9 March 1991, 37.

59. As quoted in Michael Ryan, "Here's to the Winners," Life 1, no. 4 (18 Mar. 1991): 37.

60. Bay Area Socialist Review Collective, "Warring Stories: Reading and Contesting the New World Order" (Pamphlet), p. 7. Distributed by Socialist Review, 3202 Adeline St., Berkeley, CA 94703.

61. Lee Daniels, "With Military Set to Thin Ranks, Blacks Fear They'll Be Hurt Most," New York Times, 7 Aug. 1991, p. A1.

62. Brenda Moore, "African-American Women in the U.S. Military," Armed Forces and Society 17, no. 3 (Spring 1991): 363.

63. George Bush, as quoted in Daniel Barbezat and Alexander George, "Who Died for Whose Way of Life? Reflections on the Burdens of Race," Monthly Review 43, no. 4 (Sept. 1991): 34.

64. Jason DeParle, "Keeping the News in Step: Are the Pentagon's Gulf War Rules Here to Stay?" New York Times, 6 May 1991, p. A9. Also see Alex Jones, "Feast of Viewing, But Little Nourishment," New York Times, 19 Jan. 1991, p. A10; and Tom Wicker, "An Unknown Casualty," New York Times, 20 Mar. 1991, p. A29.

65. See the federal lawsuit filed by the Center for Constitutional Rights on behalf of The Nation, Harper's, Mother Jones, and other publications against Richard Cheney, Secretary of Defense: Nation Magazine v. Department of Defense, 762 F. Supp. 1558 (S.D.N.Y. 1991). Also see the Press Guidelines available from the Department of Defense.

66. " 'Fighting Words': Novelists, Activists, Scholars, and Poets Take Sides on the War," Village Voice 36, no. 8 (19 Feb. 1991): 34-42.

67. See the extraordinarily interesting articles by Doug Lummis and Mojtaba Sadria, "The United States, Japan, and the Gulf War," Monthly Review 43, no. 11 (Apr. 1992): 1-16; and Samir Amin, "The Real Stakes in the Gulf War," Monthly Review 43, no. 3 (July-Aug. 1991): 14-24.

68. Wicker, "Unknown Casualty," p. 29.

69. Anthony Lewis, "On His Word Alone," New York Times, 12 Jan. 1991, p. E19. Also see Theodore Draper, "The True History of the Gulf War," New York Review of Books 39, no. 3 (30 Jan. 1992): 38-45; and Jean Edward Smith, George Bush's War (New York: Henry Holt, 1992).

70. For important critiques of the Gulf War, see Michael Emery, "How the U.S. Avoided Peace," Village Voice 36, no. 10 (5 March 1991): 22-27; Edward Greer, "The Hidden History of the Iraq War," Monthly Review 43, no. 1 (May 1991): 1-14; Christopher Hitchens, "Why We Are Stuck in the Sand," Harper's Magazine 282, no. 1688 (Jan. 1991): 70-79; Tom Mayer, "Imperialism and the Gulf War," Monthly Review 42, no. 11 (April 1991): 1-16; Charles

William Maynes, "Stopping the War," Nation 252, no. 8 (4 Mar. 1991): 255-56; Micah Sifry, "America, Oil and Intervention," Nation 252, no. 9 (11 Mar. 1991): 296-300.

71. See Mark Crispin Miller, "Operation Desert Storm," New York Times, 24 June 1992, p. A21; and his Spectacle: Operation Desert Storm and the Triumph of Illusion (New York: Simon and Schuster, 1992). Also see Haim Bresheeth and Nira Yuval-Davis, The Gulf War and the New World Order (London: Zed Books, 1992); Stephen Graubard, Mr. Bush's War: Adventures in the Politics of Illusion (New York: Hill and Wang, 1992); John R. MacArthur, Second Front: Censorship and Propaganda in the Gulf War (New York: Hill and Wang, 1992); Elaine Sciolino with Michael Wines, "Bush's Greatest Glory Fades As Questions on Iraq Persist," New York Times, 27 June 1992, p. A1; Hedrick Smith, ed., The Media and the Gulf War: The Press and Democracy in Wartime (Arlington, Va.: Seven Locks Press, 1992).

72. "Excerpts from President's Speech to University of Michigan Graduates," New York Times, 5 May 1991, p. A32. Also see Maureen Dowd, "Bush Sees Threat to Flow of Ideas on U.S. Campuses," New York Times, 5 May 1991, p. A1; and C. Vann Woodward, "Freedom and the Universities," New York Review of Books 38, no. 13 (18 July 1991): 32-37.

73. Bruce Robbins, "Tenured Radicals, the New McCarthyism, and 'PC,' " New Left Review 188 (July/Aug. 1991): 152.

74. It remains to be seen what impact the Supreme Court decision R.A.V. v. City of St. Paul, 112 S. Ct. 2538 (1992), will have on hate speech codes on college campuses. In this decision, the Court found that a St. Paul ordinance used to prosecute a person for burning a cross inside the fenced property of a black family was unconstitutional. The ordinance was found to be too broad and limiting of freedom of speech.

75. Alexander Cockburn, "Bush and P.C.—A Conspiracy So Immense," Nation 252, no. 20 (27 May 1991): 685-92. Also see Gary Indiana, "Victory Lite," Village Voice 36, no. 24 (11 June 1991): 28-35; and Richard Goldstein, "The Politics of Political Correctness," Village Voice 36, no. 25 (18 June 1991): 39-41.

76. Stanley Fish, "There's No Such Thing as Free Speech and It's a Good Thing, Too," in Debating P.C., ed. Paul Berman (New York: Dell, 1992), p. 245.

77. "The Big Chill" (Transcript from a series on political correctness on MacNeil-Lehrer News Hour, broadcast on PBS in the fall of 1991), p. 13. Also see Michael Berube, "Public Image Limited," Village Voice 36, no. 25 (18 June 1991): 31-37.

78. Joe Conarroe, "How I'm PC," New York Times, 12 July 1991, p. A29.

79. Allan Bloom, The Closing of the American Mind (New York: Simon and Schuster, 1987), pp. 391, 34, 88, 30, 320.

80. Dinesh D'Souza, Illiberal Education: The Politics of Race and Sex on Campus (New York: The Free Press, 1991), pp. 51, 250, 55, 241, 243.

81. Gene H. Bell-Villada, "Is the American Mind Getting Dumber?" Monthly Review 43, no. 1 (May 1991): 41-55.

82. Ibid., p. 251.

83. Karen Houppert, "Wildflowers among the Ivy," Ms. 11, no. 2 (Sept./Oct. 1991): 58.

84. Cockburn, "Bush and P.C.," p. 691.

85. Ibid.

86. Henry Louis Gates, Jr., "Whose Culture Is It, Anyway?" New York Times, 4 May 1991, p. A23. Also see his Loose Canons: Notes on the Culture Wars (New York: Oxford University Press, 1992).

87. Michel Marriott, "Afrocentrism: Balancing or Skewing History?" New York Times, 11 Aug. 1991, p. A1.

88. Martin Bernal, Black Athena: The Afroasiatic Roots of Classical Civilization (New Brunswick, N.J.: Rutgers University Press, 1987), vol. 1.

89. Christopher Phelps, "The Second Time As Farce: The Right's 'New McCarthyism,' " Monthly Review 43, no. 5 (Oct. 1991): 47. Also see the discussion "Revolution and Reaction," in The Women's Review of Books 9, no. 5 (Feb. 1992): 13-18; and Barbara Epstein, " 'Political Correctness' and Collective Powerlessness," Socialist Review 21, no. 3-4 (July-Dec. 1991): 13-35.

90. John Leland, "Rap and Race," Newsweek 119, no. 26 (29 June 1992): 46-49; Sheila Rule, "Rapper Chided by Clinton, Calls Him a Hypocrite," New York Times, 17 June 1992, p. A22.

91. R. W. Apple, Jr., "Jackson Sees a 'Character Flaw' in Clinton's Remarks on Racism," New York Times, 19 June 1992, p. A1; Gwen Ifill, "Clinton Won't Back Down in Tiff with Jackson over a Rap Singer," New York Times, 20 June 1992, p. A1.

92. For interesting discussion of Perot's candidacy, see James K. Galbraith, "Perot's Plan: Too Much Pain, Too Little Gain," New York Times, 31 July 1992, p. A27; Susan Dentzer with Jerry Buckley, "Ross Perot's Bitter Tonic," U.S. News and World Report 113, no. 5 (3 Aug. 1992): 28-31; Frank Snepp, "Ross Perot's Private War on Drugs," Village Voice 38, no. 23 (9 June 1992): 25-28; Frank Snepp, "Where Perot Dares," Village Voice 38, no. 29 (21 July 1992): 33-35; Michael Tomasky, "Regarding Henry: Politics Requires Compromise, Dirty Dealings, and Ruthless Tactics, H. Ross Perot's a Natural,'' Village Voice 38, no. 21 (26 May 1992): 27-35; and Garry Wills, ''The Rescuer," New York Review of Books 39, no. 12 (25 June 1992): 28-34.

93. Maureen Dowd, "Hillary Clinton as Aspiring First Lady: Role Model or a 'Hall Monitor' Type?" New York Times, 18 May 1992, p. A15; Karen Lehrman, "Beware the Cookie Monster," New York Times, 18 July 1992, p. A24; Alessandra Stanley, "A Softer Image for Hillary Clinton," New York Times, 13 July 1992, p. B1; and Garry Wills, "H. R. Clinton's Case," New York Review of Books 39, no. 5 (5 Mar. 1992), pp. 3-6.

94. Alessandra Stanley, " 'Family Values' and Women: Is G.O.P. a House Divided?" New York Times, 21 Aug. 1992, p. A1.

95. Garry Wills, "The Born-Again Republicans," New York Review of Books 38, no. 15 (24 Sept. 1992): 9-14. See also, in this same issue, Joan Didion, "Eye on the Prize," pp. 57-66.

96. Andrew Rosenthal, "Bush Pulls Close in Poll, But Not with Women," New York Times, 11 Aug. 1992, p. A1; Michael Wines, "Bush Seeks to Cast Himself as a Free-Market Feminist," New York Times, 19 Sept. 1992, p. A7.

97. Marilyn Quayle argued that her ideas were being falsely represented by the media. See her "Workers, Wives and Mothers," New York Times, 11 Sept. 1992, p. A35.

Four— Reproductive Rights and the Privatized State— The Webster Decision, Post-Webster Restrictions, and the Bush Administration

1. "The Battle over Abortion," Newsweek 114, no. 3 (17 July 1989): 14-21.

2. Kathryn Kolbert, "Developing a Reproductive Rights Agenda for the 1990's," in From Abortion to Reproductive Freedom: Transforming a Movement, ed. Marlene Gerber Fried (Boston: South End, 1990), p. 301.

3. Gina Kolata, "Under Pressures and Stigma, More Doctors Shun Abortion," New York Times, 8 Jan. 1991, p. A1; and Jane Gross, "On Abortion, More Doctors Are Balancing Practice and Ideology," New York Times, 8 Sept. 1991, p. A18.

4. Stanley Henshaw, Jacqueline Forrest, and Jennifer Van Vort, "Abortion Services in the U.S., 1984 and 1985," Family Planning Perspectives 19, no. 2 (Mar./Apr. 1987): 63-65.

5. Tamar Lewin, "Hurdles Increase for Many Women Seeking Abortions," New York Times, 15 May 1992, p. A1.

6. 492 U.S. 490, 501 (1989). See also Ronald Dworkin, "The Great Abortion Case," New York Review of Books 36, no. 11 (June 1989): 49-53.

7. Ibid., p. 506.

8. 432 U.S. 464, 474 (1977).

9. 492 U.S. 490, 508 (quoting Maher v. Roe, 432 U.S. 464, 474).

10. 448 U.S. 297 (1989).

11. 492 U.S. 490, 530 (O'Connor, J., concurring) (quoting Akron v. Akron Center for Reproductive Health, 462 U.S. 416, 453 [1983]).

12. Ibid., p. 508 (quoting Maher v. Roe, 432 U.S. 464, 474).

13. Ibid., p. 507 (quoting DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189, 196 [1989]).

14. Ibid., p. 509-10.

15. Ibid., p. 509.

16. Dworkin, "Great Abortion Case," p. 53.

17. 492 U.S. 490, 515.

18. Ibid., p. 553 (Blackmun, J., dissenting).

19. Ibid., p. 552 (quoting Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747, 778-79 [1986]).

20. Ibid., p. 541.

21. Ibid., p. 518.

22. See Eisenstein, Female Body and the Law, for a fuller discussion of non pregnancy as the standard in law.

23. 450 U.S. 464.

24. Dworkin, "Great Abortion Case," p. 52.

25. Griswold v. Connecticut, 381 U.S. 479 (1965).

26. 492 U.S. 490, 520.

27. Bertram Gross, Friendly Fascism (New York: M. Evans, 1980).

28. 492 U.S. 490, 546.

29. Ibid., p. 528 (O'Connor, J., concurring) (quoting Ashwander v. TVA, 297 U.S. 288 [1936]).

30. Ibid., p. 559 (Blackmun, J., dissenting).

31. Ibid., p. 534 (Scalia, J., concurring).

32. 497 U.S. 417 (1990).

33. Ibid., p. 444-45.

34. See Sue Halpern, "The Fight Over Teen-Age Abortion," New York Review of Books 27, no. 5 (29 Mar. 1990): 30-32; Linda Greenhouse, "States May Require Girl to Notify Parents Before Having Abortion," New York Times, 26 June 1990, p. A1; Tamar Lewin, ''Abortion Ruling Likely to Spur Judicial Hearings," New York Times, 27 June 1990, p. A14; and Anna Quindlen, "Mom, Dad and Abortion," New York Times, 1 July 1990, p. E17.

35. 497 U.S. 417, 464.

36. 497 U.S. 502 (1990).

37. Tamar Lewin, "Parental Consent to Abortion: How Enforcement Can Vary," New York Times, 28 May 1992, p. A1.

38. Census Bureau statistics, as cited by Robert Pear, "Bigger Number of New Mothers Are Unmarried," New York Times, 4 Dec. 1991, p. A20. Also see U.S. Census Bureau, "Fertility of American Women," [n.d.], available from the U.S. Government Printing Office, Washington, DC 10402.

39. See Ronald Dworkin, "The Center Holds," New York Review of Books 39, no. 14 (13 Aug. 1992): 29-34.

40. Planned Parenthood of Southeastern Pennsylvania v. Casey, 112 S. Ct. 2791, 2805-6 (1992).

41. Ibid., p. 2818, 2820.

42. Ibid., p. 2821.

43. 462 U.S. 416, 450.

44. 112 S. Ct. 2791, 2825.

45. Ibid.

46. Ibid., 2825-30.

47. 111 S. Ct. 1759 (1991).

48. Linda Greenhouse, "Conservatively Speaking, It's an Activist Supreme Court," New York Times, 26 May 1991, p. E1. Also see her "Five Justices Uphold U.S. Rule Curbing Abortion Advice," New York Times, 24 May 1991, p. A1. For a discussion of the controversy surrounding the Rust decision, see Adam Clymer, "Bill to Let Clinics Discuss Abortion Is Vetoed by Bush," New York Times, 20 Nov. 1991, p. A1; Lynnell Hancock, "Piss Poor Decision,'' Village Voice 36, no. 23 (4 June 1991), p. 20; Philip J. Hilts, "House Votes to Overturn Limit on Abortion Advice," New York Times, 7 Nov. 1991, p. A24; Philip J. Hilts, "Clinics Seek to Overturn Rule on Abortion Advice," New York Times, 25 May 1991, p. A9; Tamar Lewin, "Family-Planning Clinics Face Dilemma over Their Mission," New York Times, 26 June 1991, p. A1.

49. 111 S. Ct. 1759, 1777, 1775.

50. Harris v. McRae, 448 U.S. 297, 317 (1980).

51. 111 S. Ct. 1759, 1776, 1777.

52. Ibid., p. 1785.

53. "Listen to the Anti-Choice Leaders" (Planned Parenthood Flyer, 1991). Available from 810 Seventh Avenue, New York City, NY 10019.

54. Wayne King, "Florio Signs an Overhaul of Welfare," New York Times, 22 Jan. 1992, p. B1.

55. Anna Quindlen, "The $64 Question," New York Times, 22 Jan. 1992, p. A21.

56. Tamar Lewin, "Court Says U.S. Violated Law on Abortion Advice," New York Times, 29 May 1992, p. A13. Also see Philip J. Hilts, "White House Allows Some Advice at Public Clinics about Abortion," New York Times, 21 Mar. 1992, p. A1.

57. Women's Health Care Services v. Operation Rescue, 773 F. Supp. 258, 262 (D. Kan. 1991). See also 42 U.S.C. § 1983 (1993). Originally enacted as Section 2 of the Ku Klux Klan Act of 1871, chap. 22, 17 Stat. 18. "The Ku Klux Klan Act," in "Significant Documents in African American History, 1688-1989," The Negro Almanac: A Reference Work on the African American, 5th ed., ed. Harry Ploski and James Williams (Detroit: Gale Research, 1989), pp. 249-52.

58. Brief of the United States as Amicus Curiae, Women's Health Care Services v. Operation Rescue, 773 F. Supp. 258 (D. Kan., 1991) (No. 91-1303-K).

59. Ibid., pp. 5, 3, 6, 18.

60. Gwen Ifill, "1871 Rights Law at Issue in a Dispute on Abortion," New York Times, 11 Aug. 1991, p. A16.

61. Linda Greenhouse, "Court Hears Appeal on Citing Bias to Bar Abortion Opponents," New York Times, 17 Oct. 1991, p. A1. Also see William Bradford Reynolds, "Judicial Excess in Wichita," New York Times, 1 Sept. 1991, p. E11; Don Terry, "98 Are Arrested As Abortion Foes Defy Judge and Block Clinic,'' New York Times, 10 Aug. 1991, p. A6; and "U.S. Joins Anti-Abortion Group to Shut Clinics,'' New York Times, 7 Aug. 1991, p. A10.

62. Lynn Smith, "An Equality Approach to Reproductive Choice: Rust v. Sullivan," Yale Journal of Law and Feminism 4 (Fall 1991): 93-132.

63. Ibid., p. 11.

64. Jayne Bray v. Alexandria Women's Health Clinic, 113 S. Ct. 753 (1993). See also Linda Greenhouse, "Supreme Court Says Klan Law Can't Bar Abortion Blockades," New York Times, 14 Jan. 1993, p. A1.

65. Meredith Burke, "Ceausescu's Main Victims: Women and Children," New York Times, 10 Jan. 1990, p. A27.

66. E.g., Alan Cowell, "Full-Blooded Candor Is Restored, and Evils Not of Dracula Unfold," New York Times, 9 Jan. 1990, p. A12. Also see Anthony Lewis, "The Cost of Fanaticism," New York Times, 16 Mar. 1990, p. A15.

67. Lynnell Hancock, "Censoring Abortion: The Feds Prepare to Abort the Word," Village Voice 35, no. 2 (9 Jan. 1990): 30.

68. Jefferson Morley, "Bush and the Blacks: An Unknown Story," New York Review of Books 39, nos. 1-2 (16 Jan. 1992): 24.

69. George Bush, as stated in the Congressional Record, 8 July 1970, pp. 23, 193, and cited in Morley, "Bush and the Blacks," p. 26.

70. Zillah Eisenstein, "Fetal Position," Nation 249, no. 17 (20 Nov. 1989): 12-13.

71. Julie Rovner, "Congress Puts Bush on Spot over Funding of Abortion," Social Policy, 14 Oct. 1989, p. 2708.

72. Maureen Dowd, "President Hints at a Compromise over Federal Funds for Abortion," New York Times, 14 Oct. 1989, p. A1. Also see "President's News Conference on Foreign and Domestic Issues," New York Times, 14 Oct. 1989, p. A8.

73. Maureen Dowd, "Veto Nears As Compromise on U.S. Money for Abortion Fails," New York Times, 17 Oct. 1989, p. A17.

74. Rovner, "Congress Puts Bush on Spot," p. 2709.

75. Julie Rovner, "Veto over Abortion Funding Pains Some in the GOP," Social Policy, 21 October 1989, p. 2789.

76. Hancock, "Piss Poor Decision," p. 29.

77. Tom Wicker, "Bush on the Run," New York Times, 27 Oct. 1989, p. A35.

78. Heather L. McCulloch, "Abortion Cutoff," Nation 290, no. 14 (9 April 1990): 492.

79. Maureen Dowd, "G.O.P. Congresswomen Hopeful after Bush Meeting on Abortion," New York Times, 15 November 1989, p. A1.

80. Andrew Rosenthal, "G.O.P. Leaders Urge Softer Line about Abortion," New York Times, 10 Nov. 1989, p. A1.

81. Robin Toner, "Space for All in Abortion Debate, Quayle Says," New York Times, 9 Oct. 1991, p. A15; and her "New Worry for Bush," New York Times, 22 Jan. 1991, p. A17.

82. Eisenstein, "Fetal Position," pp. 12-13.

83. See Steven Holmes, "Bush Will Veto Bill Requiring Job Leave for Care of Family," New York Times, 8 May 1990, p. A1; and his "Bush Vetoes a Bill to Give Workers Family Leave," New York Times, 30 June 1990, p. A9.

84. Letter received in the mail from "Republicans for Choice," January 1992. Also see Gwen Ifill, "Two Republican Factions on Abortion Gird for Battle on Party's '92 Platform," New York Times, 30 Sept. 1991, p. A15.

85. Richard L. Berke, "Abortion Support Found among Major Parties," New York Times, 3 June 1992, p. A17; Beverly G. Hudnut and William H. Hudnut, III, "We're Good Republicans—And Pro-Choice," New York Times, 29 May 1992, p. A29; Robert Pear, "G.O.P. Faces Fight on Abortion Issue," New York Times, 26 May 1992, p. A1; and David Rosenbaum, ''Abortion Issue Rips Away Veil of G.O.P. Unity," New York Times, 27 May 1992, p. A1.

86. As quoted in Felicity Barringer, "Clinton and Gore Shifted on Abortion," New York Times, 20 July 1992, p. A10.

87. Bill Clinton and Al Gore, Putting People First: How We Can All Change America (New York: Times Books, 1992), p. 170.

88. See Adam Clymer, "Law Makers Fear Amendments on 'Abortion Rights,' " New York Times, 31 July 1992, p. A11; and Lawrence H. Tribe, "Write Roe into Law," New York Times, 27 July 1992, p. A17.

89. E. J. Dionne, Jr., "Poll Finds Ambivalence on Abortion Persists in U.S." New York Times, 3 Aug. 1989, p. A18.

90. "Abortion after Webster," Polling Report 5, no. 16 (14 Aug. 1989): 2-4.

91. "Abortion: Cutting across Party Lines," Polling Report 5, no. 17 (4 Sept. 1989): 6-7.

92. Kirk Johnson, "Connecticut Acts to Make Abortion a Statutory Right," New York Times, 28 April 1990, p. A1.

93. "New Maryland Law Protects Right to Abortion," New York Times, 19 Feb. 1991, p. A15; and B. Drummond Ayres, Jr., "Filibuster on Abortion Drones On in Maryland," New York Times, 22 March 1990, p. A23.

94. "U.S. Judge Strikes Down Louisiana Abortion Law," New York Times, 10 July 1990, p. A16; Frances Frank Marcus, "Roemer Keeps Mum on Abortion Bill," New York Times, 10 July 1990, p. A17; Ronald Smothers, ''Louisiana Abortion Law Is Delayed," New York Times, 20 June 1991, p. A14; Roberto Suro, "Nation's Strictest Abortion Law Enacted in Louisiana over Veto," New York Times, 19 June 1991, p. A1.

95. Linda Greenhouse, "High Court Takes Pennsylvania Case on Abortion Right," New York Times, 22 Jan. 1992, p. A1. Also see Tamar Lewin, "States Testing the Limits on Abortion," New York Times, 1 Apr. 1992, p. A4; Tamar Lewin, "Strict Anti-Abortion Law Signed in Utah," New York Times, 26 Jan. 1991, p. A10; Tamar Lewin, "Quiet Hearing Could Lead to Resounding Decision on Abortion," New York Times, 5 Aug. 1990, p. A24; and Timothy Egan, ''Anti-Abortion Bill in Idaho Takes Aim at Landmark Case," New York Times, 22 Mar. 1990, p. A1.

96. Roger Rosenblatt, "How to End the Abortion War," New York Times Magazine, 19 January 1992, p. 41. Also see Rosalind Petchesky, Abortion and Woman's Choice: The State, Sexuality, and Reproductive Freedom, 2d ed. (Boston: Northeastern University Press, 1990) for a full discussion of this issue.

97. See Polling Report 5, no. 16 (14 Aug. 1989), p. 3.

98. Ibid.

99. See Petchesky, Abortion and Woman's Choice, for a fuller discussion of racial differences in the situation of pregnant teenagers.

100. E. J. Dionne, Jr., "Poll on Abortion Finds the Nation Is Sharply Divided," New York Times, 16 Apr. 1989, p. A1.

101. Maria Erlien, "Beyond Roe v. Wade: Redefining the Prochoice Agenda," Radical America 11, nos. 2-3 (June 1989): 14-24.

102. E. J. Dionne, Jr., "Advocates of Abortion Rights Seek to Win Blacks' Support," New York Times, 16 Apr. 1989, p. A1.

103. Lisa Belkin, "Bars to Equality of Sexes Seen as Eroding, Slowly," New York Times, 20 Aug. 1989, p. 26.

104. Lisa Belkin, "Women in Rural Areas Face Many Barriers to Abortions," New York Times, 11 July 1989, p. A1.

105. George James, "Newborn Is Thrown in Trash and Dies," New York Times, 14 Aug. 1991, p. B3.

106. Elisabeth Rosenthal, "AIDS Infection Often Blocks Abortion Access, Study Says," New York Times, 23 Oct. 1990, p. A1.

107. Gina Kolata, "In Late Abortions, Decisions Are Painful and Options Few," New York Times, 5 Jan. 1992, p. A1.

Five— The Contradictory Politics of AIDS— Public Moralism Versus the Privatized State

1. Barry D. Adam, "The State, Public Policy, and AIDS Discourse," Contemporary Crises 13, no. 1 (Mar. 1989): 1-15.

2. Dennis Altman, AIDS in the Mind of America (New York: Anchor Books, 1987), p. 9. Also see Susan Sontag, Illness as Metaphor (New York: Farrar, Straus & Giroux, 1978); Erica Carter and Simon Watney, eds., Taking Liberties: AIDS and Cultural Politics (London: Serpent's Tail, 1989); and Simon Watney, Policing Desire: Pornography, AIDS and the Media (Minneapolis: University of Minnesota Press, 1987).

3. Janet Dolgin, "AIDS: Social Meanings and Legal Ramifications," Hofstra Law Review 14 (Fall 1985): 201. Also see Victoria Slind-Flor, "At the Limits," National Law Journal 12 (27 Aug. 1990): 1-31; Eugene Harrington, "A Fatal Bias: AIDS and Minorities,'' Human Rights 14 (Summer 1987): 34-52; and Thomas Mendicino, "Characterization and Disease: Homosexuals and the Threat of AIDS," North Carolina Law Review 66 (Nov. 1987): 226-50.

4. Simon Watney, "AIDS: The Cultural Agenda," Radical America 21, no. 4 (July-Aug. 1987): 49.

5. AIDS is used to represent a virus and a disease, even though it is probably one virus and several diseases. The HIV virus is often loosely and somewhat inaccurately termed AIDS, suggesting a homogeneous illness often excluding individuals with HIV antibodies who are not presently sick. It remains unknown even whether the HIV virus is the cause of AIDS or is itself an opportunistic companion. My discussion focuses on the political discourse of AIDS while recognizing the problematic status of HIV infection. See Kenneth Keniston, "Introduction to the Issue," in "Living with Aids: Part 2," special issue, Daedalus 118, no. 3 (Summer 1989): xi.

6. Paula TreichIer, "AIDS, Gender, and Biomedical Discourse: Current Contests of Meaning," in AIDS: The Burdens of History, ed. Elizabeth Fee and Daniel M. Fox (Berkeley and Los Angeles: University of California Press, 1988), p. 196.

7. Paula Treichler, "AIDS, Homophobia, and Biomedical Discourse: An Epidemic of Signification," in AIDS: Cultural Analysis and Cultural Activism, ed. Douglas Crimp (Cambridge, Mass.: MIT Press, 1988), p. 31.

8. David Talbot, "Condom Conundrum," Mother Jones 125, no. 1 (Jan. 1990): 46.

9. Susan Sontag, AIDS and Its Metaphors (New York: Farrar, Straus & Giroux, 1989), p. 16.

10. See "Facing AIDS: A Special Issue," Radical America 10, no. 6 (Nov.-Dec. 1986); and "AIDS: Communities Respond," Radical America 21, nos. 2-3 (Mar.-Apr. 1987).

11. Philip Boffey, "Spread of AIDS Abating But Deaths Will Still Soar," New York Times, 14 Feb. 1988, p. A1.

12. Newsweek 111, no. 11 (14 Mar. 1988); William Masters, Virginia Johnson, and Robert Kolodny, Crisis: Heterosexual Behavior in the Age of AIDS (New York: Grove Press, 1988).

13. Gina Kolata, "AIDS Spreading in Teen-Agers, A New Trend Alarming to Experts," New York Times, 8 Oct. 1989, p. 30.

14. Jeanne Brooks-Gunn and Frank F. Furstenberg, Jr., "Coming of Age in the Era of AIDS: Puberty, Sexuality and Contraception," Milbank Quarterly 68, supp. 1 (1990): 60.

15. Barbara Kantrowitz, "Teenagers and AIDS," Newsweek 120, no. 5 (3 Aug. 1992): 45-50.

16. Margaret Cerullo and Evelynn Hammonds, "AIDS and Africa: The Western Imagination and the Dark Continent," Radical America 21, nos. 2-3 (Mar.-Apr. 1992): 18. Also see Robert Caputo, "Uganda: Land Beyond Sorrow," National Geographic 173, no. 4 (Apr. 1988): 468-91; Richard Chirimuuta and Rosalind Chirimuuta, Aids, Africa and Racism (London: Free Association Books, 1989); Bruce Fleming, "Another Way of Dying," Nation 250, no. 13 (2 Apr. 1990): 446-50; and Charles Hunt, "Africa and AIDS," Monthly Review 39, no. 9 (Feb. 1988): 10-22.

17. Jane Perlez, "Toll of AIDS on Uganda's Women Puts Their Roles and Rights in Question," New York Times, 28 Oct. 1990, p. A16. Also see, as part of the same series of articles, Eric Eckholm and John Tierney, "AIDS in Africa: A Killer Rages On," New York Times, 16 Sept. 1990, p. A1; Kathleen Hunt, "Scenes from a Nightmare," New York Times Magazine, 12 Aug. 1990, pp. 24-51; and John Tierney, "AIDS Tears Lives of the African Family," New York Times, 17 Sept. 1990, p. A1.

18. Boffey, "Spread of AIDS Abating," p. 36.

19. Cindy Patton, Inventing AIDS (New York: Routledge, 1990), p. 61.

20. Simon Watney, "Missionary Positions: AIDS, 'Africa,' and Race," in Out There: Marginalization and Contemporary Cultures, ed. Russell Ferguson, Martha Gever, Trinh T. Minh-ha, and Cornel West (Cambridge, Mass.: MIT Press, 1990), p. 100.

21. Sandor Katz, "HIV Testing—A Phony Cure," Nation 250, no. 21 (28 May 1990): 740.

22. Treichler, "AIDS, Homophobia, and Biomedical Discourse," p. 44.

23. Treichler, "AIDS, Gender, and Biomedical Discourse," p. 212.

24. Ibid., p. 39. Also see Peter Davis, "Exploring the Kingdom of AIDS," New York Times Magazine, 31 May 1987, pp. 32-40; and Katie Leishman, "Heterosexuals and AIDS," Atlantic 259, no. 2 (Feb. 1987): 39-58. For a discussion of the misrepresentation of AIDS through careless misreporting of findings, see Robert Massa, "Unfit to Print," Village Voice 35, no. 19 (8 May 1990): 24-26.

25. Bruce Lambert, "AIDS among Prostitutes Not As Prevalent As Believed, Studies Show," New York Times, 20 Sept. 1988, p. B1. Also see Katherine Bishop, "Prostitute in Jail after AIDS Report," New York Times, 15 July 1990, p. A12.

26. Richard Goldstein, "The Hidden Epidemic," Village Voice 32, no. 10 (10 Mar. 1987): 23-30.

27. Joyce Lombardi, "Trail of Tears: AIDS and Native Americans," Village Voice 36, no. 53 (31 Dec. 1991): 14.

28. Mendicino, "Characterization and Disease," 226.

29. Mary Catherine Bateson and Richard Goldsby, Thinking AIDS: The Social Response to the Biological Threat (Reading, Mass.: Addison-Wesley, 1988), p. 2.

30. Treichler, "AIDS, Gender, and Biomedical Discourse," p. 233.

31. Jeffrey Weeks, Sexuality (London: Tavistock Publications, 1986); see especially chap. 2, "The Invention of Sexuality." Also see his Sexuality and Its Discontents (London: Routledge & Kegan Paul, 1985).

32. Weeks, Sexuality, p. 120.

33. Dan E. Beauchamp, "Morality and the Health of the Body Politic," in "AIDS: Public Health and Civil Liberties" Special Supplement, Hastings Center Report, Dec. 1986, p. 31. Also see Dan E. Beauchamp, The Health of the Republic (Philadelphia: Temple University Press, 1988).

34. Beauchamp, "Morality and the Body Politic," p. 32. For full and important discussions of homophobia, see Dennis Altman, The Homosexualization of America (Boston: Beacon Press, 1982), and Cindy Patton, Sex and Germs: The Politics of AIDS (Boston: South End Press, 1985).

35. For a fuller discussion of the effect of AIDS on civil rights for homosexuals, see Mendicino, "Characterization and Disease."

36. Ibid., p. 235; see Bowers v. Hardwick, 478 U.S. 186 (1986). Also see Mark Barnes, "AIDS and Mr. Korematsu: Minorities at Times of Crisis," Saint Louis University Public Law Review 7 (Spring 1988): 35-43; Susan McGuigan, "The AIDS Dilemma: Public Health v. Criminal Law," Law and Inequality: A Journal of Theory and Practice 4 (Oct. 1986): 545-77; Chris Nichols, "AIDS—A New Reason to Regulate Homosexuality?" Journal of Contemporary Law 11 (Aug. 1984): 315-43; and Dorenn Weisenhaus, "The Shaping of AIDS Law," National Law Journal 10, no. 47 (1 Aug. 1988): 1-33.

37. Douglas Crimp, "How to Have Promiscuity in an Epidemic," in AIDS: Cultural Analysis and Cultural Activism, ed. Douglas Crimp (Cambridge, Mass: MIT Press, 1988) p. 253. This is not meant to romanticize safer sex practices. See Robin Hardy, "Risky Business: Confronting Unsafe Sex," Village Voice 35, no. 26 (26 June 1990): 35-40, for an important discussion of what he terms "risky sexual relapse": the longing for "one night off" from safe sex practices.

38. Michael Jones, as quoted in America Living with AIDS (Report of the National Commission on Acquired Immune Deficiency Syndrome, 1990), p. 34. Copies available from Superintendent of Documents, United States Printing Office, Washington, D.C. 20402.

39. Mireya Navarro, "AIDS in Women Rising, But Many Ignore the Threat," New York Times, 28 Dec. 1990, p. B1.

40. Nancy Stoller Shaw, "Preventing AIDS among Women: The Role of Community Organizing," Socialist Review 18, no. 4 (Dec. 1988): 77. Also see Helen Singer Kaplan, The Real Truth about Women and AIDS (New York: Simon & Schuster, 1987); and America Living with AIDS, p. 12.

41. Philip J. Hilts, "AIDS in Women Rising But Many Ignore the Threat," New York Times, 11 Dec. 1990, p. A1.

42. Treichler, "AIDS, Gender, and Biomedical Discourse," p. 215.

43. Ibid., p. 212.

44. Robert Massa, "Danger in Numbers," Village Voice 36, no. 45 (5 Nov. 1991): 18.

45. Sonia Singleton, as quoted in America Living with AIDS, p. 95.

46. Sarah Schulman, "Delusions of Gender," Village Voice 35, no. 1 (1 Jan. 1992): 15. Also see Josh Barbanel, "U.S. Sued over Denial of AIDS Case Benefits," New York Times, 1 Oct. 1990, p. B3; Peg Byron, "HIV: The National Scandal," Ms. 1, no. 4 (Jan./Feb. 1991): 24-29; Marcia Ann Gillespie, "HIV: The Global Crisis," ibid., 17-22; Philip Hilts, ''AIDS Definition Excludes Women, Congress Is Told,'' New York Times, 7 June 1991, p. A19; and Mireya Navarro, "Dated AIDS Definition Keeps Benefits from Many Patients," New York Times, 8 July 1991, p. A1.

47. America Living with AIDS, p. 28.

48. Suki Ports, "Needed (For Women and Children)," in Crimp, ed., AIDS: Cultural Analysis and Cultural Activism, p. 169; and Bruce Lambert, "AIDS in Black Women Seen as Leading Killer," New York Times, 11 July 1990, p. B3.

49. Diane Richardson, Women and AIDS (New York: Methuen, 1988), p. 29.

50. International Working Group on Women and AIDS, "An Open Letter to the Planning Committees of the Third International Conference on AIDS," in Crimp, ed., AIDS: Cultural Analysis and Cultural Activism, pp. 166-68.

51. Presidential Commission on the Human Immunodeficiency Virus Epidemic, Report (24 June 1988), p. 15. Available from the Presidential Commission on the Human Immunodeficiency Virus Epidemic, 655 15th St. NW, Suite 901, Washington, D.C. 20005.

52. Gina Kolata, "In Cities, Poor Families Are Dying of Crack," New York Times, 11 Aug. 1989, p. A13.

53. Since approximately 1985, increasing attention has been focused on pediatric AIDS. See Marguerite Holloway, "Death by Red Tape," Village Voice 35, no. 21 (22 May 1990): 15; David L. Kirp, "The Politics of Pediatric AIDS," Nation 250, no. 19 (14 May 1990): 666-68; and Bruce Lambert, "AIDS Legacy: A Growing Generation of Orphans," New York Times, 17 July 1989, p. A1.

54. Kimberle Williams Crenshaw, "Race, Reform and Retrenchment: Transformation and Legitimation in Anti-Discrimination Law," Harvard Law Review 101 (May 1988): 1331.

55. See Brief Report, "Access to Medical Care for Black and White Americans," Journal of the American Medical Association 261, no. 2 (13 Jan. 1989): 278-81; "Health" (special issue), Sage: A Scholarly Journal on Black Women 2, no. 2 (Fall 1985); and Gerald David Jaynes and Robin M. Williams, Jr., eds., A Common Destiny: Blacks and American Society .

56. Norman Nickens, "AIDS, Race, and the Law: The Social Construction of Disease," Nova Law Review 12 (Spring 1988): 1186.

57. Sara Rimer, "Spotlight Fades on AIDS in Town: But the Disease and Stigma Remain," New York Times, 14 November 1990, p. A16.

58. Felicia Lee, "Black Doctors Urge Study of Factors in Risk of AIDS," New York Times, 21 July 1989, p. B7.

59. Susan Rasky, "How the Politics Shifted on AIDS Funds," New York Times, 20 May 1990, p. A22.

60. Sander Gilman, Disease and Representation: Images of Illness from Madness to AIDS (Ithaca: Cornell University Press, 1988), p. 263. Also see his Difference and Pathology (Ithaca: Cornell University Press, 1985).

61. For an interesting discussion of homophobia and the struggle against racism, see Tseko Simon Nkoli, "An Open Letter to Nelson Mandela," Village Voice 35, no. 26 (26 June 1990): 29-30.

62. Evelynn Hammonds, "Race, Sex, AIDS: The Construction of 'Other,' " Radical America 20, no. 6 (Nov.-Dec. 1986), p. 31.

63. Lindsey Gruson, "AIDS Is Discovered as Issue by Black Political Leaders," New York Times, 9 Mar. 1992, p. A7; Richard Stevenson, "Magic Johnson Ends His Career, Saying He Has the AIDS Virus," New York Times, 8 Nov. 1991, p. A1; and E. R. Shipp, "Reluctantly, Black Churches Confront AIDS," New York Times, 18 Nov. 1991, p. A1.

64. Sarah Schulman, "Laying the Blame: What Magic Johnson Really Means," Guardian (London), 19 Nov. 1991, p. 4.

65. Eugene Harrington, "A Fatal Bias: AIDS and Minorities," Human Rights 14 (Summer 1987): 34.

66. Harlon Dalton, "AIDS in Blackface," in "Living with AIDS: Part 2," special issue, Daedalus 118, no. 3 (Summer 1989): 208.

67. Nat Hentoff, "Silence = Black and Hispanic Deaths," Village Voice 35, no. 9 (27 Feb. 1990): 22. The increase of AIDS among persons of color requires new strategies for AIDS activists. See Frank Browning, "Turf Wars," Village Voice 35, no. 28 (10 July 1990): 17-18; Donna Minkowitz, "ACT UP at a Crossroads," Village Voice 35, no. 23 (30 May-5 June 1990): 19-22; and Randy Shilts, "The Era of Bad Feelings," Mother Jones 14, no. 9 (Nov. 1989): 32-60.

68. "Accelerating, Nation's AIDS Count Hits 200,000," New York Times, 17 Jan. 1992, p. A15.

69. Lawrence K. Altman, "Researchers Report Much Grimmer AIDS Outlook," New York Times, 4 June 1992, p. A1.

70. Ernest Drucker, "Families Need the Most Help," and Michael Gottlieb, "Leadership is Lacking," both in "AIDS—The Second Decade" (special section), New York Times, 5 June 1991, p. A29.

71. Lawrence K. Altman, "Scientists Encouraged by Two AIDS Vaccines," New York Times, 22 June 1991, p. A7.

72. Philip Hilts, "Drug Said to Help AIDS Cases with Virus But No Symptoms," New York Times, 18 Aug. 1989, p. A1.

73. Robert Massa, "AZT or not AZT," Village Voice 36, no. 14 (2 Apr. 1991): 16.

74. Lawrence K. Altman, "Advances in Treatment Change Face of AIDS," New York Times, 12 June 1990, p. C5.

75. For an important indictment of the Reagan administration's handling of the AIDS epidemic, see Randy Shilts, And the Band Played On (New York: St. Martin's Press, 1987); and Larry Kramer, "A 'Manhattan Project' for AIDS," New York Times, 16 July 1990, p. A15. Also see Diane Johnson and John Murray, M.D., "AIDS without End," New York Review of Books 35, no. 13

(18 Aug. 1988): 57-63; and Office of Technology Assessment, U.S. Congress, Review of the Public Health Service's Response to AIDS: A Technical Memorandum (Washington, D.C.: U.S. Government Printing Office, Feb. 1985).

76. Committee on Government Operations, The Federal Response to AIDS, Twenty-Ninth Report by the Committee on Government Operations (Washington, D.C.: U.S. Government Printing Office, Nov. 1983, no. 98-582), p. 4.

77. Shilts, "Era of Bad Feelings," p. 359.

78. Ibid., pp. 93, 94.

79. Crimp, ed., AIDS: Cultural Analysis and Cultural Activism, p. 11.

80. Willie L. Brown, Jr., "AIDS: The Public Policy Imperative," Saint Louis University Public Law Review 7 (Spring 1988): 12.

81. Nassau County v. Arline, 480 U.S. 273 (1987). Also see Chalk v. U.S. District Court, 840 F.2d 701 (1988) for a discussion of one of the most sweeping AIDS anti-discrimination cases under section 504. See also Shad-Flor, National Law Journal, 27 Aug. 1990; Dennis Hevesi, "AIDS Carriers Win a Court Ruling," New York Times, 9 July 1988, p. A6; and Stuart Taylor, "Justices Support Disease Victims: Those with AIDS Could Benefit," New York Times, 4 Mar. 1987, p. A1.

82. Philip Boffey, "Expert Panel Sees Poor Leadership in U.S. AIDS Battle," New York Times, 2 June 1988, p. A11.

83. Committee for the Oversight of AIDS Activities, Institute of Medicine, National Academy of Sciences, Confronting AIDS: Update 1988 (Washington, D.C.: National Academy of Sciences Press, 1988).

84. Presidential Commission on the HIV Epidemic, Report, pp. xvii, xviii.

85. Ibid., pp. 93, 94.

86. Julie Johnson, "Report by AIDS Panel Gets Muted Reaction by Reagan," New York Times, 28 June 1988, p. A16.

87. Warren E. Leary, "AIDS Outlay Matching Cancer and Heart Disease," New York Times, 15 June 1989, p. B13.

88. David Rosenbaum, "How Capital Ignored Alarms on Savings," New York Times, 6 June 1990, p. A1.

89. Gerald M. Boyd, "Bush Backs Protection of AIDS Victims' Rights," New York Times, 29 June 1988, p. A21.

90. Philip Hilts, "2.9 Billion AIDS Relief Measure Easily Wins Approval in Senate," New York Times, 17 May 1990, p. B10.

91. Boyd, "Bush Backs . . . Victims' Rights," p. A21.

92. George Bush, as quoted in Andrew Rosenthal, "Bush Plays Down Protest on AIDS," New York Times, 3 Sept. 1991, p. A20.

93. Philip Hilts, "AIDS Panel Backs Efforts to Exchange Drug Users' Needles," New York Times, 7 Aug. 1991, p. A1.

94. Karen DeWitt, "On Capitol Hill: The Battle for AIDS Funds Heats Up," New York Times, 9 Nov. 1991, p. A33.

95. Ibid.

96. Peter Bachrach and Morton Baratz, Power and Poverty: Theory and Practice (New York: Oxford University Press, 1970).

97. Philip Hilts, "AIDS Panel Says U.S. Lags on Health Care Policy," New York Times, 7 Dec. 1989, p. A26.

98. America Living with Aids, p. 4.

99. Ibid., see especially pp. 28-29, 48-49.

100. Magic Johnson, as quoted in Philip Hilts, "Magic Johnson Quits Panel on AIDS," New York Times, 26 Sept. 1992, p. A5.

101. George Bush, as quoted in "In Their Own Words," New York Times, 31 Oct. 1992, p. A7.

102. Clinton and Gore, Putting People First, pp. 36-41.

103. For a rich discussion of the issue of the moral interventionism of the state and neoconservative privatism, see Rosalind Pollack Petchesky, Abortion and Woman's Choice: The State, Sexuality, and Reproductive Freedom, rev. ed. (Boston: Northeastern University Press, 1990), pp. 392-96, and the preface to the 1990 edition.

104. Gina Kolata, "AIDS Advocates Find Private Funds Declining," New York Times, 7 Aug. 1990, p. A16.

105. For a full discussion, see Bruce Nussbaum, Good Intentions: How Big Business and the Medical Establishment Are Corrupting the Fight Against AIDS (New York: Atlantic Monthly Press, 1990).

106. Harold Edgar and David J. Rothman, "New Rules for New Drugs: The Challenge of AIDS to the Regulatory Process," in "A Disease of Society: Cultural Responses to AIDS (Part 1)," special supplement, Milbank Quarterly 68 (1990), supp. 1, p. 131.

107. Allan Brandt, No Magic Bullet (New York: Oxford University Press, 1987), pp. 202, 182.

108. Committee on AIDS Research and the Behavioral, Social and Statistical Sciences, National Research Council, AIDS: Sexual Behavior and Intravenous Drug Use ed. Charles Turner, Heather Miller, and Lincoln Moses (Washington, D.C.: National Academy Press, 1989), p. 383.

109. C. Everett Koop, Understanding AIDS: A Message from the Surgeon General, HHS Publication No. (CDC) HHS-88-8404 (Washington, DC: United States Department of Health and Human Services, 1988), p. 4. Available from Department of HHS, P.O. Box 6003, Rockville, MD 10850.

110. William Bennett, "AIDS: Education and Public Policy," Saint Louis University Public Law Review 7 (Spring 1988): 2. For an example of the homophobia that underlies the AIDS education campaign, see David Olson, "Read Their Lips: Illinois Moves to Ban AIDS Poster," Village Voice 35, no. 30 (24 July 1990): 14.

111. Peter Steinfels, "Catholic Bishops Vote to Retain Controversial Statement on AIDS," New York Times, 28 June 1988, p. A1. Also see "Condom Campaign Begins in Massachusetts," New York Times, 9 Sept. 1990, p. A28.

112. Joseph Berger, "School Board Backing Off AIDS Abstinence Policy," New York Times, 3 June 1992, p. B3; and James Dao, "Critics Decry New AIDS Education Rules as Censorship," New York Times, 29 May 1992, p. B3.

113. Talbot, "Condom Conundrum," p. 42.

114. William Honan, "Conferees Reject a Plan to Curb Federal Funds for Obscene Art," New York Times, 30 Sept. 1989, p. A1.

115. Maureen Dowd, "Jesse Helms Takes No-Lose Position on Art," New York Times, 28 July 1989, p. A1. Also see Elizabeth Hess, "NEA Shoots Itself," Village Voice 34, no. 47 (21 Nov. 1989): 63; Michael Oreskes, "Senate Votes

to Bar U.S. Support of Obscene or Indecent Artwork," New York Times, 27 July 1989, p. A1; and Elizabeth Whelan, "The Offensive Tactics of AIDS Ideologues," New York Times, 8 Aug. 1989, p. A19.

116. Rightists criticized Bush for his position on the NEA. See Richard Viguerie and Steven Allen, "To Bush: The Right Has Other Choices," New York Times, 14 June 1990, p. A27.

117. The White House, National Drug Control Strategy (Washington, D.C.: U.S. Government Printing Office, Jan. 1990), p. 9. By 1992, Bush was saying much less about the drug war. See Michael Massing, "What Ever Happened to the 'War on Drugs'?" New York Review of Books 39, no. 11 (11 June 1992): 42-46.

118. Ellen Willis, "End the War on Drugs: Hell No, I Won't Go," Village Voice 33, no. 38 (19 Sept. 1989): 30-31.

119. Daniel Patrick Moynihan, in Congressional Record, 101st Congress, vol. 136, no. 76 (14 June 1990): S7945.

120. Playthell Benjamin, "Down with Crack," Village Voice 33, no. 38 (19 Sept. 1989): 29.

121. Michael Klare, "The War That Came In from the Cold: Drugs, Militarism and the Monroe Doctrine," Radical America 23, nos. 2-3 (Apr.-Sept. 1989): 17.

122. "Text of President's Speech on National Drug Control Strategy," New York Times, 6 Sept. 1989, p. B6. Also see Richard Berke, "More of the Same," New York Times, 6 Sept. 1989, p. A1.

123. Michel Foucault, Discipline and Punish: The Birth of the Prison (New York: Vintage, 1979). Also see his The History of Sexuality (New York: Pantheon, 1978), vol. 1, An Introduction .

124. James Lyons, "Crime and the Judiciary: Candidates Vie for the Law and Order State," Village Voice 37, no. 26 (30 June 1992): 40.

125. White House, National Drug Control Strategy, p. 5.

126. Ibid., p. 39.

127. William Bennett, "A Response to Milton Friedman," Wall Street Journal, 19 Sept. 1989, p. A30.

128. Milton Friedman, "An Open Letter to Bill Bennett," Wall Street Journal, 7 Sept. 1989, p. A14. For other criticism of Bennett from within the neoconservative camp, see Senator Daniel Patrick Moynihan's statements in the Congressional Record, vol. 136, no. 76 (14 June 1990): S7945.

129. Ellen Willis, "End the War on Drugs," p. 30; Playthell Benjamin, "Down with Crack," pp. 29-32. Also see Ramsey Clark, "Drugs, Lies and T.V.," Nation 249, no. 12 (16 Oct. 1989): 408-9; Michael Massing, "The War on Cocaine," New York Review of Books 35, no. 20 (22 Dec. 1988): 61-67; Philip Hilts, ''AIDS Panel Says U.S. Lags on Health Care Policy,'' New York Times, 7 Dec. 1989, p. A26; and Jefferson Morley, "Contradictions of Cocaine Capitalism," Nation 249, no. 10 (2 Oct. 1989): 341-47.

130. Committee on AIDS Research, AIDS, Sexual Behavior and Intravenous Drug Use, pp. 299, 240. Also see the second volume, entitled AIDS: The Second Decade (Washington, D.C.: National Academy Press, 1990).

131. Presidential Commission on the HIV Epidemic, Report, p. 94.

132. Warren E. Leary, "Sharp Rise in Rare Sex-Related Diseases," New York Times, 14 July 1988, p. B6.

133. Peter Kerr, "Crack and Resurgence of Syphilis Spreading AIDS among the Poor," New York Times, 20 Aug. 1989, p. A1.

134. Daniel Lazare, "Crack and AIDS: The Next Wave," Village Voice 35, no. 19 (8 May 1990): 29.

135. Dean Baquet, "Hearings on Neglect Upheld in Newborn Cocaine Cases," New York Times, 30 May 1990, p. B3.

136. Rorie Sherman, "Keeping Babies Free of Drugs," National Law Journal 12, no. 6 (16 Oct. 1989): 28. Also see "Punishing Pregnant Addicts: Debate, Dismay, No Solution," in "Ideas and Trends," New York Times, 10 Sept. 1989, p. E5; and the work of Lynn Paltrow, Reproductive Freedom Project, American Civil Liberties Union, "State by State Case Summary of Criminal Prosecutions against Pregnant Women Memorandum.''

137. Sherman, "Keeping Babies Free of Drugs," p. 29.

138. "Punishing Pregnant Addicts," p. E5.

139. Mark Gevisser, "Women and Children First," Village Voice 34, no. 44 (31 Oct. 1989): 18.

140. See Committee on Government Operations, Federal Response to AIDS .

141. Ann Giudici Fettner, "Cutting the Cord," Village Voice 35, no. 25 (19 June 1990): 16.

142. Ronald Bayer, "AIDS, Privacy, and Responsibility," in Daedalus, p. 79.

143. Ronald Bayer, Private Acts, Social Consequences: AIDS and the Politics of Public Health (New York: The Free Press, 1989), p. 15.

144. Simon Watney, "The Spectacle of AIDS," in Crimp, ed., AIDS: Cultural Analysis and Cultural Activism, p. 86.

145. Sandor Katz, "HIV Testing—A Phony Cure," Nation 250, no. 21 (28 May 1990): 738-42; and Bruce Lambert, "In Shift, Gay Men's Health Crisis Endorses Testing for AIDS Virus," New York Times, 16 Aug. 1989, p. A1.

146. Charles Rembar, "The A.C.L.U.'s Myopic Stand on AIDS," New York Times, 15 May 1987, p. A31. Also see Isabel Wilkerson, "A.M.A. Urges Breach of Privacy to Warn Potential AIDS Victims," New York Times, 1 July 1988, p. A1.

147. Jan Hoffman, "AIDS and Rape," Village Voice 33, no. 37 (12 Sept. 1989): 36, 38.

148. Dennis Hevesi, "AIDS Test for Suspect Splits Experts," New York Times, 16 Oct. 1988, p. A30.

149. Patton, Inventing AIDS, p. 38.

150. Lawrence K. Altman, "Guidance for Doctors Carrying AIDS," New York Times, 10 Aug. 1991, p. A6; Sarah Lyall, "AIDS Tests Find No Link to L.I. Dentist," New York Times, 10 Aug. 1991, p. B21; Elisabeth Rosenthal, "Angry Doctors Condemn Plans to Test Them for AIDS," 20 Aug. 1991, p. C1.

151. William Dannemeyer, as quoted in Philip Hilts, "Mandatory AIDS Tests for Doctors Would Be Useless, Health Experts Say," New York Times, 20 Sept. 1991, p. A22.

152. Martin Tolchin, "Senate Adopts Tough Measures on Health Workers with AIDS," New York Times, 19 July 1991, p. A1.

153. Philip Hilts, "Mandatory AIDS Tests for Doctors," p. A22. Also see Jane Gross, "Many Doctors Infected with AIDS Don't Follow New U.S. Guidelines," New York Times, 18 Aug. 1991, p. A1.

154. Gwen Ifill, "Panel in Congress Drops AIDS Disclosure Plan," New York Times, 28 Sept. 1991, p. A7.

155. Kevin Sack, "Albany Plans to Allow Surgery by Doctors with the AIDS Virus," New York Times, 9 Oct. 1991, p. A1. Also see Lawrence K. Altman, "New York Won't Tell Doctors with AIDS to Inform Patients," New York Times, 19 Jan. 1990, p. A1, and his "U.S. Hears Debate on Mandatory AIDS Test for Health Workers,'' New York Times, 22 Feb. 1991, p. A15; and Stephanie Strom, "AIDS and Privacy: A Bellevue Dilemma," New York Times, 28 Jan. 1991, p. B1.

156. Lawrence K. Altman, "U.S. Backs Off on Plan to Restrict Health Worker with AIDS Virus," New York Times, 4 Aug. 1991, p. A1.

157. Warren E. Leary, "Mandatory AIDS Test for Doctors Opposed," New York Times, 31 July 1992, p. A11.

158. As quoted in Philip Hilts, "Woman with AIDS Seizes Stage, Asking Bush to Help Ease Stigma," New York Times, 4 Aug. 1991, p. A1.

159. Philip Hilts, "Sponsors Say AIDS Conference Won't Be Held in U.S. Next Year," New York Times, 17 Aug. 1991, p. A6. Also see DeWitt, "In Shift, U.S. Plans to Keep Out People Carrying the AIDS Virus," New York Times, 26 May 1991, p. A1.

160. Thomas Morgan, "State Studies Pricing of AIDS Drug," New York Times, 8 Oct. 1987, p. B3; Philip Hilts, "U.S. Is Decades Behind Europe in Contraceptives, Experts Report," New York Times, 15 Feb. 1990, p. A1; Committee on Contraceptive Development, Developing New Contraceptives, ed. Luigi Mastroianni, Jr., Peter J. Donaldson, and Thomas T. Kane (Washington, D.C.: U.S. Government Printing Office, 1990).

161. Presidential Commission on the HIV Epidemic, Report, pp. 48, 52.

162. Philip Leder, "Privatizing N.I.H. Is an 'Idiotic Idea,' " New York Times, 12 Jan. 1988, p. A27.

163. Philip M. Crane, "Abolish the Arts Agency," New York Times, 6 June 1990, p. A27.

164. Bateson and Goldsby, Thinking AIDS, p. 118.

165. Morgan, "State Studies Pricing of AIDS Drug," p. B3; Charles W. Hunt, "AIDS and Capitalist Medicine," Monthly Review 39, no. 8 (Jan. 1988): 11-25; A. Joseph Layon and Robert D'Amico, "AIDS, Capitalism, and Technology," Monthly Review 40, no. 7 (Dec. 1988): 31-36; Mark McGrath and Bob Sutcliffe, "Insuring Profits from AIDS: The Economics of an Epidemic," Radical America 20, no. 6 (Nov.-Dec. 1986): 9-26.

166. See Milton Friedman, Day of Reckoning (New York: Random House, 1990); and Kevin Phillips, The Politics of Rich and Poor (New York: Random House, 1990).

167. Michael Oreskes, "Grudging Public Thinks Tax Rise Now Must Come," New York Times, 27 May 1990, p. A1.

168. Patton, Inventing AIDS, p. 116. Also see inside/out: Lesbian Theories, Gay Theories, ed. Diana Fuss (New York: Routledge, 1991).

169. Robin Hardy, "Die Harder, AIDS Activism Is Abandoning Gay Men," Village Voice 36, no. 27 (2 July 1991): 33.

170. Ibid.

171. Donna Minkowitz, "ACT UP at a Crossroads," 20.

172. Frank Browning, "Turf Wars," 18.

173. Donna Haraway, Simians, Cyborgs, and Women: The Reinvention of Nature, pp. 109, 113.

Six— Revisioning Privacy for Democracy

1. John Rawls, A Theory of Justice (Cambridge, Mass.: Harvard University Press, 1971) for a discussion of contracting for a just state.

2. Adrienne Rich, Of Woman Born: Motherhood as Experience and Institution (New York: Norton, 1976), p. 39.

3. Elizabeth Fox Genovese, Feminism without Illusions: A Critique of Individualism (Chapel Hill: University of North Carolina Press, 1991), pp. 8, 241, 256, 7.

4. Rosalind Pollack Petchesky, Abortion and Women's Choice: The State, Sexuality, and Reproductive Freedom, rev. ed. (Boston: Northeastern University Press, 1990), pp. xxi-xxvi.

5. Helga Maria Hernes, Welfare State and Woman Power (New York: Oxford University Press/Norwegian University Press, 1987).

6. See Wendy Brown, "Finding the Man in the State," Feminist Studies 18, no. 1 (Spring 1992): 7-34, for an interesting discussion of the patriarchal and limiting aspects of the state.

7. For important critiques of the notion of privacy, see Petchesky, Abortion and Woman's Choice; and Aida Hurtado, "Relating to Privilege: Seduction and Rejection in the Subordination of White Women and Women of Color," Signs 14, no. 4 (1989): 833-55.

8. See Zillah Eisenstein, Female Body and the Law, for a fuller discussion of radical pluralism.

9. Clinton and Gore, Putting People First, p. viii.

10. Rosalind Pollack Petchesky, "The Body as Property—A Feminist Re-Vision," in Reproductive Politics in the 1990's, ed. Faye Ginsbury and Rayna Rapp (Berkeley and Los Angeles: University of California Press, forthcoming).

11. Paul Veyne, ed., From Pagan Rome to Byzantium, vol. 1 of A History of Private Life, ed. Philippe Aries and Georges Duby (Cambridge, MA: Harvard University Press, 1987). Also see Jean-Francois Lyotard, The Postmodern Condition: A Report on Knowledge (Minneapolis: University of Minnesota Press, 1989).

12. Barrington Moore, Jr., Privacy: Studies in Social and Cultural History (New York: M. E. Sharpe, 1984), p. 21.

13. Ibid., p. 9.

14. Nancy Fraser, "Rethinking the Public Sphere," Social Text 8, no. 3 / 9,

no. 1 (1990): 77. Also see her Unruly Practices, Power, Discourse and Gender in Contemporary Social Theory (Minneapolis: University of Minnesota Press, 1989).

15. Paolo Carpignano, Robin Anderson, Stanley Aronowitz, and William Difozio, "Chatter in the Age of Electronic Production," Social Text 8:3, 9:1 (1990): 54.

16. Alida Brill, Nobody's Business: The Paradoxes of Privacy (Reading, MA: Addison-Wesley Publishing Co., 1990), p. xii. Also see Joanna K. Weinberg's review of Nobody's Business in Women's Review of Books 8, no. 7 (Apr. 1991): 1-4.

17. Rosalind Pollack Petchesky, "Foetal Images: The Power of Visual Culture in the Politics of Reproduction," in Reproductive Technologies, ed. Michelle Stanworth (Minneapolis: University of Minnesota Press, 1987), pp. 57-80.

18. Donna Haraway, "A Manifesto for Cyborgs: Science, Technology, and Socialist Feminism in the 1980's," in Coming to Terms, ed. Elizabeth Weed (New York: Routledge, 1989), p. 193.

19. John Donahue, The Privatization Decision: Public Ends, Private Means (New York: Basic Books, 1989), p. 3.

20. Clinton and Gore, Putting People First, p. 226. Also see Robert Reich, "Prosperity? Clinton: Spur Growth," New York Times, 16 July 1992, p. A25.

21. Arthur MacEwan, "Why the Emperor Can't Afford New Clothes," Monthly Review 43, no. 3 (July-Aug. 1991): 79, 86-87.

22. Robert Heilbroner, "Lifting the Silent Depression," New York Review of Books 33, no. 17 (24 Oct. 1991): 6.

23. David Alan Aschauer, "Public Investment and Private Sector Growth," in Economic Policy Institute (Pamphlet, Economic Policy Institute, Washington, D.C., 1990).

24. Sylvia Nasar, "The 1980's: A Very Good Time for the Very Rich," New York Times, 5 Mar. 1992, p. A1.

25. Sylvia Nasar, "Fed Gives New Evidence of 80's Gains by Richest," New York Times, 27 Sept. 1991, p. A1.

26. Jason DeParle, "Poverty Rate Rose Sharply Last Year as Incomes Slipped," New York Times, 27 Sept. 1991, p. A1.

27. Benjamin Friedman, "The Campaign's Hidden Issue," New York Review of Books 35, no. 15 (13 Oct. 1988): 37. Also see his Day of Reckoning (New York: Random House, 1988).

28. Friedman, "Campaign's Hidden Issue," p. 26. For a fuller discussion of the problem of disinvestment in the United States economy, as well as the economy's decline, see Barry Bluestone and Bennett Harrison, The Deindustrialization of America (New York: Basic Books, 1982); and The Great U-Turn (New York: Basic Books, 1988). Also see Paul Kennedy, The Rise and Fall of the Great Powers (New York: Vintage Press, 1987); and David Noble, Forces of Production: A Social History of Industrial Automation (New York: Oxford University Press, 1984).

29. Robert Reich, "The REAL Economy," Atlantic Monthly 267, no. 2 (Feb. 1991): 50-51, 47.

30. Ibid., pp. 51, 46.

31. Anthony Lewis, "The Reagan Effect," New York Times, 26 July 1991, p. A27.

32. David Osborne and Ted Gaebler, Reinventing Government: How the Entrepreneurial Spirit Is Transforming the Public Sector (Reading, Mass.: Addison-Wesley, 1992), p. 24.

33. Susan Chira, "Lamar Alexander's Self-Help Course," New York Times Magazine, 24 Nov. 1991, p. 57.

34. Robert Crain, as quoted in Susan Chira, "The Rules of the Marketplace Are Applied to the Classroom," New York Times, 12 June 1991, p. B5.

35. Susan Chira, "Splashy School Venture Creates Lots of Ripples," New York Times, 31 May 1992, p. E3. Also see Katherine Bishop, "California Poses Crucial Test to Commercial TV Program in Schools," New York Times, 4 June 1992, p. A16.

36. Susan Chira, "Poverty's Toll on Health is Plague of U.S. Schools," New York Times, 5 Oct. 1991, p. A1.

37. Robert Pear, "Bush to Propose $500 Million Rise in Budget for Head Start Program," New York Times, 19 Jan. 1992, p. A22; and Michael Wines, "Bush Urges Head Start Increase, and Debate on Its Impact Follows," New York Times, 22 Jan. 1992, p. A16.

38. Felicia R. Lee, "Immunization of Children Is Said to Lag," New York Times, 16 Oct. 1991, p. A5.

39. Robert Pear, "Bush to Make It Easier for Governments to Sell Public Property," New York Times, 25 Apr. 1992, p. A5.

40. Sarah Bartlett, "New York Cost-Cutting Idea: City Jobs, Outside Workers," New York Times, 7 July 1991, p. A1.

41. James Ridgeway, "Stormy Weather," Village Voice 36, no. 24 (11 June 1991): 21-22.

42. Robert Sherrill, "S&L's, Big Banks and Other Triumphs of Capitalism," Nation 251, no. 17 (19 Nov. 1990): 589. Also see Robert Pear, "Leap in U.S. Deficit Is Seen Next Year Despite 1990 Law," New York Times, 16 Aug. 1991, p. A1.

43. Kevin Phillips, The Politics of Rich and Poor: Wealth and the American Electorate in the Reagan Aftermath (New York: Random House, 1990), pp. 170, 218.

44. Robert Pear, "Rich Got Richer in 80's; Others Held Even," New York Times, 11 Jan. 1991, p. A1.

45. See Eisenstein, Feminism and Sexual Equality, chaps. 4 and 5; and Fraser, Unruly Practices, chap. 7, for in-depth discussions of the particular relationship of women and the welfare state.

46. Teresa L. Amott, "Black Women and AFDC: Making Entitlement Out of Necessity," in Women, the State, and Welfare, ed. Linda Gordon (Madison: University of Wisconsin Press, 1990), pp. 281, 282-84.

47. Jane Gross, "Collapse of Inner-City Families Creates America's New Orphans," New York Times, 28 Mar. 1992, p. A1.

48. 482 U.S. 464 (1977); 448 U.S. 297 (1980).

49. Roe v. Wade, 410 U.S. 113, 154-55 (1973).

50. Ibid, p. 154-55.

51. Samuel Warren and Louis Brandeis, "The Right to Privacy," Harvard Law Review 4 (15 Dec. 1890): 784.

52. See Melvin L. Wulf's "On the Origins of Privacy," Nation 252, no. 20 (27 May 1991): 700-704. Also see Ronald Dworkin, "The Bork Nomination," New York Review of Books 34, no. 13 (13 Aug. 1987): 3-10; and his "From Bork to Kennedy," New York Review of Books 34, no. 20 (17 Dec. 1987): 36-42.

53. Jed Rubenfeld, "The Right of Privacy," Harvard Law Review 102 (Feb. 1989): 804, 784. Also see Anita Allen, "Taking Liberties: Privacy, Private Choice, and Social Contract Theory," Cincinnati Law Review 56 (1987): 461-91.

54. Pierce v. Society of Sisters, 168 U.S. 510 (1925); Skinner v. Oklahoma, 316 U.S. 535 (1942); Griswold v. Connecticut, 381 U.S. 479 (1965); Eisenstadt v. Baird, 405 U.S. 438 (1972); Roe v. Wade, 410 U.S. 113 (1973).

55. Griswold, 381 U.S. 479, 483-85; Boyd v. United States, 116 U.S. 616.

56. 381 U.S. 479, 495, 499. See also Poe v. Ullmann, 367 U.S. 497, 553 (1961).

57. 381 U.S. 479, 508.

58. 405 U.S. 438, 453.

59. Sue Hyde, "Sex and Politics: Challenging the Sodomy Laws," Radical America 22, no. 5 (Sept.-Oct. 1988, published in Dec. 1989): 57-63.

60. 478 U.S. 186, 190-91.

61. Ibid., p. 196.

62. Ibid., p. 199, 205-8.

63. Ellen Bigge, "The Fetal Rights Controversy: A Resurfacing of Sex Discrimination in the Guise of Fetal Protection," University of Missouri—Kansas City Law Review 57 (Winter 1989): 261.

64. Rubenfeld, "Right of Privacy," p. 744.

65. Dawn Johnsen, "From Driving to Drugs: Governmental Regulation of Pregnant Women's Lives after Webster," University of Pennsylvania Law Review 138 (Nov. 1989): 179.

66. Rubenfeld, "Right of Privacy," p. 791.

67. See Petchesky, Abortion and Woman's Choice, especially chapters 3 and 4.

68. Harris v. McRae, 448 U.S. 297, 315 (1989).

69. Howard Fineman and Evan Thomas, "How Far Right," pp. 19-20; David Kaplan and Bob Cohn, "Good for the Left, Now Good for the Right," pp. 20-23; Barbara Kantrowitz, "Tipping the Odds on Abortion," p. 23; all in Newsweek 118, no. 2 (8 July 1991). Also see Linda Greenhouse, "Powers Expanded'' and "Justices, 6 to 3, Restrict Rights to Pornography,'' New York Times, 19 Apr. 1990, both on p. A1; and Ira Mickenberg, "Criminal Rulings Granted the State Broad New Power," National Law Journal 13, no. 50 (19 Aug. 1991): S10-S14, which is part of the Journal 's larger "Supreme Court Review Supplement," pp. S1-S28; and Ohio v. Young, 525 N.E. 2d 1363 (1988).

70. Deshaney v. Winnebago, 489 U.S. 189, 196 (1989).

71. Ibid., p. 197.

72. Cruzan v. Director, Missouri Department of Health, 497 U.S. 261, 269, 270 (1990).

73. Ronald Dworkin, "The Right to Die," New York Review of Books 38, no. 3 (31 Jan. 1991): 16. Also see Marcia Coyle, "Is the Court Avoiding the Big Question?" National Law Journal 12 (9 July 1990): 1-24; Linda Greenhouse, "Justices Find a Right to Die, But the Majority Sees Need for Clear Proof of Intent," New York Times, 26 June 1990, p. A1; and Allen, "Court Disables Disputed Legacy of Privacy Right,'' National Law Journal 12 (13 Aug. 1990): S8-S14.

74. 497 U.S. 261, 339, 356-57.

75. Shoshana Zuboff, In the Age of the Smart Machine: The Future of Work and Power (New York: Basic Books, 1988), pp. 22, 37.

76. For a sampling of the issues surrounding new reproductive technologies, see Lisa Sowle Cahill, "In Vitro Fertilization: Ethical Issues in Judaeo-Christian Perspective," Loyola Law Review 32 (Summer 1986): 337-56; Kelly L. Frey, "New Reproductive Technologies: The Legal Problem and a Solution," Tennessee Law Review 49 (Winter 1982): 303-42; William Handel, "Surrogate Parenting, In Vitro Insemination and Embryo Transplantation," Whittier Law Review 6 (Summer 1984): 783-88; Matthew R. Eccles, "The Use of In Vitro Fertilization: Is There a Right to Bear or Beget a Child by Any Available Medical Means," Pepperdine Law Review 12 (May 1985): 1033-51; Kathryn Venturatos Lorio, "Alternative Means of Reproduction: Virgin Territory for Legislation,'' Louisiana Law Review 44 (July 1984): 1641-76; and Michelle Stanworth, ed., Reproductive Technologies: Gender, Mother and Medicine (Minneapolis: University of Minnesota Press, 1987).

77. Laura Fraser, "Pill Politics," Mother Jones 13, no. 5 (June 1988): 31-44; Philip Hilts, "U.S. Is Decades Behind Europe in Contraceptives, Expert Report," New York Times 15 Feb. 1990, p. A1; Philip Hilts, "Birth Control Backlash," New York Times Magazine, 16 Dec. 1990, pp. 41-74; Luigi Mastroianni, Jr., Peter J. Donaldson, and Thomas T. Kane, eds., Developing New Contraceptives: Obstacles and Opportunities (Washington, D.C.: National Academy Press, 1990); and Morton Mintz, At Any Cost: Corporate Greed, Women, and the Dalkon Shield (New York: Pantheon Books, 1985).

78. Lori Andrews, "Brave New Baby: Biogenetics Is Heralded as a Welcome Scientific Advance, But Will It Turn Big Government into Big Parent?" Student Lawyer 8 (Dec. 1983): 25.

79. John Robertson, "Procreative Liberty and the Control of Conception, Pregnancy and Childbirth," Virginia Law Review 69 (April 1983): 423.

80. John Robertson, " 'Embryos, Families, and Procreative Liberty': The Legal Structure of the New Reproduction," Southern California Law Review 59 (July 1986): 947, 951. See also Lori Andrews, "The Legal Status of the Embryo," Loyola Law Review 32 (Summer 1986): 357-409.

81. Petchesky, "Foetal Images," p. 57.

82. See Davis v. King, No. E-14496, Tenn. App. Lexis 641 (1989). Also see Ronald Smothers, "Tennessee Judge Awards Custody of 7 Frozen Embryos to Woman," New York Times, 22 Sept. 1989, p. A13; "New Divorce Issue: Em-

bryos' Status," New York Times, 8 Aug. 1989, p. A11; Rorie Sherman, "Just Whose Embryo Is It, Anyway?" National Law Journal 11 (12 June 1989): 1-23; George P. Smith II, "Intimations of Life: Extracorporeality and the Law," Gonzaga Law Review 21 (June 1986): 395-424; and Marcia Joy Wurmbrand, ''Frozen Embryos: Moral, Social, and Legal Implications," Southern California Law Review 59 (6 July 1986): 1079-1100.

83. Ronald Smothers, "Court Gives Ex-Husband Rights on Use of Embryos," New York Times, 2 June 1992, p. A1.

84. Robertson, "Procreative Liberty," pp. 406, 408-10.

85. Robertson, "Embryos, Families and Procreative Liberty," p. 943. Also see Lesley Doyal, "Infertility—A Life Sentence? Women and the National Health Service," in Stanworth, Reproductive Technologies, 174-90; and Deborah Gerson, "Infertility and the Construction of Desperation," Socialist Review 19, no. 3 (July-Sept. 1989): 45-66.

86. See Dawn Johnsen, "The Creation of Fetal Rights: Conflicts with Women's Constitutional Rights to Liberty, Privacy, and Equal Protection," Yale Law Journal 95 (Jan. 1986): 599-624.

87. George J. Annas, "Predicting the Future of Privacy in Pregnancy: How Medical Technology Affects the Legal Rights of Pregnant Women," Nova Law Review 13 (Spring 1989): 329-53; Gena Corea, The Mother Machine: Reproductive Technologies from Artificial Insemination to Artificial Wombs (New York: Harper & Row, 1985); Katha Pollitt, "When Is a Mother Not a Mother?" Nation 251, no. 23 (31 Dec. 1990): 825-46; Barbara Katz Rothman, Recreating Motherhood: Ideology and Technology in Patriarchal Society (New York: Random House, 1989); Barbara Katz Rothman, The Tentative Pregnancy: Prenatal Diagnosis and the Future of Motherhood (New York: Penguin, 1987); and Nadine Taub and Sherrill Cohen, eds., Reproductive Laws for the 1990s (Rutgers: State University of New Jersey, 1989).

88. Petchesky, "Foetal Images," p. 78.

89. Johnsen, "From Driving to Drugs," p. 180.

90. Lynn Paltrow, "When Becoming Pregnant Is a Crime," John Jay Criminal Justice Ethics Magazine 9 (Winter/Spring, 1990): 41-47. Also see her "Maternal and Fetal Rights" (Paper presented at the National Association of Women and the Law Conference, 16-19 February 1989).

91. 208 U.S. 412, 421.

92. It would make much more sense to provide prenatal care than the intensive medical care needed for premature and unhealthy babies. See Howard French, "Tiny Miracles Become Huge Public Health Problem," New York Times 19 Feb. 1989, p. A1; and Barbara Kantrowitz, Pat Wingert, and Mary Hager, "Preemies," Newsweek 91, no. 20 (16 May 1988): 62-70.

93. See American Civil Liberties Union Memorandum, compiled by Lynn Paltrow, Hilary Fox, and Ellen Goetz, 7 February 1990, "Case Update: State by State Case Summary of Criminal Prosecutions Against Pregnant Women."

94. Appellant's Initial Brief, p. 24, Johnson v. Florida, 578 So. 2d 419 (Fla. Dist. Ct. App. 1991) (No. 89-1765).

95. Johnsen, "From Driving to Drugs," pp. 214, 207. Also see Sherman, "Keeping Baby Safe from Mom," National Law Journal 11 (3 Oct. 1988): 1-

25; Molly McNulty, "NOTE: Pregnancy Police: The Health Policy and Legal Implications of Punishing Pregnant Women for Harm to Their Fetuses," New York University Review of Law and Social Change 16 (1987-88): 277-319.

96. Paltrow, "When Becoming Pregnant Is a Crime," p. 42.

97. Data from the National Black Women's Health Project, 1237 Gordon St. SW, Atlanta, GA 30310.

98. Paltrow, "When Becoming Pregnant is a Crime," p. 43. Also see Joseph B. Treaster, "Plan Lets Addicted Mothers Take Their Newborns Home," New York Times, 19 Sept. 1991, p. A1.

99. Dawn Johnsen, "A New Threat to Pregnant Women's Autonomy," Hastings Center Report 17, no. 4 (Aug./Sept. 1987): 38.

100. Linda Greenhouse, "Court in Capitol Bars Forced Surgery to Save Fetus," New York Times, 27 Apr. 1990, p. A1.

101. Michael Lev, "Judge Is Firm on Forced Contraception, But Welcomes an Appeal," New York Times, 11 Jan. 1991, p. A17. Also see Kate Tentler, "I've Got You Under My Skin," Village Voice 35, no. 3 (15 Jan. 1991): 22.

102. Johnsen, "From Driving to Drugs," p. 211.

103. Bigge, "Fetal Rights Controversy," p. 286.

104. W. Lazarus and K. West, Back to Basics (Southern California Child Health Network, 1987), pp. 23-24. Also see The Future of Children: Drug Exposed Infants 1, no. 1 (Spring 1991). Published by the Center for the Future of Children, The David and Lucile Packard Foundation.

105. Johnsen, "New Threat to Pregnant Women's Autonomy," p. 36.

106. Petchesky, Abortion and Woman's Choice, p. 395.

Seven— Imagining Feminism— Women of Color Specifying Democracy

1. Judy Scales Trent, "Black Women and the Constitution: Finding Our Place, Asserting Our Rights," Harvard Civil Rights-Civil Liberties Law Review 24 (1989): 10, 12.

2. Kimberle Williams Crenshaw, "Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics," University of Chicago Legal Forum (1989), pp. 140, 143. She discusses three key cases that deny the intersectionality of black women: DeGraffenreid v. General Motors, 413 F. Supp. 142 (E.D. Mo. 1976); Moore v. Hughes Helicopter, 708 F. 2d 475 (9th Cir. 1983); and Payne v. Travenol, 673 F. 2d 798 (5th Cir. 1982).

3. Peggie R. Smith, "Separate Identities: Black Women, Work, and Title VII," Harvard Women's Law Journal 14 (Spring 1991): 22, 31.

4. Mae Gwendolyn Henderson, "Speaking in Tongues: Dialogics, Dialectics, and the Black Woman Writer's Literary Tradition," in Reading Black, Reading Feminist, ed. Henry Louis Gates, Jr. (New York: Meridian Book, 1990), pp. 116-17. Also see Teresa de Lauretis, Technologies of Gender (Bloomington: Indiana University Press, 1987), p. 2.

5. For classic discussions of radical feminism, see Ti Grace Atkinson, Amazon Odyssey (New York: Links, 1974); Shulamith Firestone, The Dialectic of Sex (New York: Bantam, 1970); Kate Millett, Sexual Politics (New York: Dou-

bleday, 1970); Robin Morgan, ed., Sisterhood Is Powerful (New York: Vintage, 1970); and Redstockings, Feminist Revolution (New York: Redstockings, 1975).

6. Carol Brown, "Mothers, Fathers, and Children: From Private to Public Patriarchy," in Women and Revolution, ed. Lydia Sargent (Boston: South End Press, 1981), pp. 239-68.

7. For interesting discussions of redefining the personal as political, see Carpignano et al., "Chatter in the Age of Electronic Reproduction," pp. 33-55; and Nancy Fraser, "Rethinking the Public Sphere." Also see Ian Angus and Sut Jhally, eds., Cultural Politics in Contemporary America (New York: Routledge, 1989).

8. Patricia Hill Collins, "The Emerging Theory and Pedagogy of Black Women's Studies," Feminist Issues 6, no. 1 (Spring 1986): 9.

9. Aida Hurtado, "Relating to Privilege: Seduction and Rejection in the Subordination of White Women and Women of Color," Signs 14, no. 4 (Summer 1989): 849-50.

10. See, e.g., Barbara Smith, "Home," in Home Girls: A Black Feminist Anthology, ed. Barbara Smith (New York: Kitchen Table Women of Color Press, 1983), pp. 64-72.

11. Hurtado, "Relating to Privilege," p. 851.

12. Mervat Hatem, "The Enduring Alliance of Nationalism and Patriarchy in Muslim Personal Status Laws: The Case of Modern Egypt," Feminist Issues 6, no. 1 (Spring 1986): 28.

13. As quoted in Jane Perlez, "Elite Kenyan Women Avoid a Rite: Marriage," New York Times, 3 Mar. 1991, p. A14.

14. Diana E. H. Russell, Lives of Courage: Women for a New South Africa (New York: Basic Books, 1989), pp. 228, 249, 306, 263.

15. Rhonda Copelon, "From Privacy to Autonomy: The Conditions for Sexual and Reproductive Freedom," in From Abortion to Reproductive Freedom: Transforming a Movement, ed. Marlene Gerber Fried (Boston: South End press, 1990), p. 33.

16. Henderson, "Speaking in Tongues," p. 18.

17. Elizabeth Weed, ed., Coming to Terms: Feminism, Theory, Politics (New York: Routledge, 1989), p. xii.

18. Patricia J. Williams, The Alchemy of Race and Rights (Cambridge: Harvard University Press, 1991), pp. 152, 154, 159.

19. Kimberle Williams Crenshaw, "Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law," Harvard Law Review 101, no. 7 (May 1988): 2346, 1357.

20. Williams, Alchemy of Race and Rights, p. 164-65.

21. Ibid., p. 165; Williams is quoting from Christopher Stone, "Should Trees Have Standing?—Toward Legal Rights for Natural Objects," Southern California Law Review 45 (1972): 453, 455.

22. Williams, Alchemy of Race and Rights, p. 184.

23. Byllye Avery, "Empowerment through Wellness," Yale Journal of Law and Feminism 4 (Fall 1991): 151.

24. Williams, Alchemy of Race and Rights, pp. 103, 102.

25. See bell hooks, "Theory as Liberatory Practice," Yale Journal of Law and Feminism 4 (Fall 1991): 1.

26. Hazel V. Carby, Reconstructing Womanhood: The Emergence of the Afro-American Woman Novelist (New York: Oxford University Press, 1987), pp. 6, 19.

27. Adrienne Rich, "Notes Toward a Politics of Location (1984)," in her Blood, Bread, and Poetry: Selected Prose 1979-1986 (New York: Norton, 1986), p. 219.

28. Evelyn Brooks-Higginbotham, "The Problem of Race in Women's History," in Weed, Coming to Terms, p. 125.

29. Barbara Christian, "The Race for Theory," Feminist Studies 14, no. 1 (Spring 1988): 74, 73. For a different understanding of postmodernism and the problem of racism, see Howard Winant, "Postmodern Racial Politics: Difference and Inequality," Socialist Review 10, no. 1 (Jan.-Mar. 1990): 121-50.

30. June Jordan, as stated in an interview, "Voices of Change: The State of the Art," Women's Review of Books 7, no. 5 (Feb. 1991): 24.

31. See, e.g., several of the articles in Weed, Coming to Terms . See also Kathleen Barry, "Deconstructing Deconstructionism (Or, Whatever Happened to Feminist Studies?)," Ms. 1, no. 4 (Jan.-Feb. 1991): 83-85, for a highly critical discussion of postmodern feminism.

32. Judith Butler, "Gender Trouble, Feminist Theory, and Psychoanalytic Discourse," in Feminism/Postmodernism, ed. Linda Nicholson (New York: Routledge, 1990), pp. 324-40; and Judith Butler, Gender Trouble: Feminism and the Subversion of Identity (New York: Routledge, 1990).

33. Wendy Brown, "Feminist Hesitations, Postmodern Exposures," differences 3, no. 1 (Spring 1991): 68, 73.

34. Angela Harris, "Race and Essentialism in Feminist Legal Theory," Stanford Law Review 42 (Feb. 1990): 585.

35. Bernice Johnson Reagon, "Coalition Politics: Turning the Century," in Home Girls: A Black Feminist Anthology, ed. Barbara Smith (New York: Kitchen Table Women of Color Press, 1983), pp. 361, 363.

36. Susan Bordo, " 'Material' Girl: The Effacements of Postmodern Culture," Michigan Quarterly Review 29, no. 4 (Fall 1990): 662, 664.

37. Susan Bordo, "Feminism, Postmodernism, and Gender-Scepticism," in Nicholson, Feminism/Postmodernism, p. 141.

38. See especially bell hooks, Talking Back: Thinking Feminist, Thinking Black (Boston: South End Press, 1989). Also see bell hooks, Black Looks, Race and Representation (Boston: South End Press, 1992); and bell hooks and Cornel West, Breaking Bread, Insurgent Black Intellectual Life (Boston: South End Press, 1991).

39. Audre Lorde, "Age, Race, Class, and Sex: Women Redefining Difference," in Out There: Marginalization and Contemporary Cultures, ed. Russell Ferguson, Martha Gever, Trinh T. Minh-ha, Cornel West (Cambridge, Mass.: MIT Press, 1990), p. 285. For interesting and related discussions of the concept difference, see Carol Lee Bacchi, Same Difference: Feminism and Sexual Difference (Boston: Allen & Unwin, 1990); Zillah Eisenstein, The Female Body and

the Law; and Iris Marion Young, Justice and the Politics of Difference (Princeton, N.J.: Princeton University Press, 1990).

40. Gloria I. Joseph and Jill Lewis, Common Differences: Conflicts in Black and White Feminist Perspectives (Boston: South End Press, 1981; New York: Doubleday, 1986).

41. Catherine MacKinnon, "From Practice to Theory, or What is a White Woman Anyway?" Yale Journal of Law and Feminism 4 (Fall 1991): 20.

42. Denise Riley, Am I That Name? Feminism and the Category of 'Women' in History (Minneapolis: University of Minnesota, 1988), pp. 1, 112. Also see Johnnetta B. Cole, ed., All American Women: Lines That Divide, Ties That Bind (New York: The Free Press, 1986).

43. A few representative white feminists who address the issue of racism are Marilyn Frye, The Politics of Reality (Trumansburg, NY: Crossing Press, 1983); Ann Ferguson, Sexual Democracy: Women, Oppression, and Revolution (Boulder, Colo.: Westview Press, 1991); Minnie Bruce Pratt, "Identity: Skin Blood Heart," in Elly Bulkin, Minnie Bruce Pratt, and Barbara Smith, Yours in Struggle: Three Feminist Perspectives on Anti-Semitism and Racism (Brooklyn, NY: Long Haul Press, 1984); Adrienne Rich, "Disloyal to Civilization: Feminism, Racism and Gynephobia," in her Lies, Secrets, and Silence (New York: Norton, 1979); and Elizabeth V. Spelman, Inessential Woman: Problems of Exclusion in Feminist Thought (Boston: Beacon Press, 1988).

44. For a discussion of white solipsism, see Rich, "Disloyal to Civilization."

45. Susan Willis, Specifying: Black Women Writing the American Experience (Madison: University of Wisconsin Press, 1987).

46. Marianne Hirsch and Evelyn Fox Keller, in Conflicts in Feminism (New York: Routledge, 1990), p. 2, choose to reject the term feminisms as no improvement over the term feminism . It merely multiplies the problems contained in its original form.

47. See bell hooks, Feminist Theory: From Margin to Center (Boston: South End Press, 1984), p. 30.

48. Hooks, Talking Back, pp. 182, 105, 105.

49. See bell hooks, Ain't I A Woman: Black Women and Feminism (Boston: South End Press, 1981), p. 194.

50. Hooks, Talking Back, p. 180.

51. Barbara Smith, Introduction to Home Girls, p. xxiii. Also see Combahee River Collective, "The Combahee River Collective Statement," Home Girls, pp. 272-82; and Gloria T. Hull, Patricia Bell Scott, and Barbara Smith, eds., All the Women Are White, All the Blacks Are Men, But Some of Us Are Brave (New York: Feminist Press, 1982).

52. Barbara Smith, "Toward a Black Feminist Criticism," in Hull, Scott, and Smith, eds., All the Women Are White, p. 162.

53. June Jordan, On Call: Political Essays (Boston: South End Press, 1985), p. 38.

54. Chandra Talpade Mohanty, "Introduction: Cartographies of Struggle: Third World Women and the Politics of Feminism," in Third World Women and the Politics of Feminism, ed. Chandra Talpade Mohanty, Ann Russo, and

Lourdes Torres (Bloomington: Indiana University Press, 1991), p. 4. Also see Chandra Talpade Mohanty, "Under Western Eyes: Feminist Scholarship and Colonial Discourses," also in Mohanty, Russo, and Torres, eds., Third World Women . For an interesting discussion of the complicated meanings of essentialism, see Diana Fuss, Essentially Speaking: Feminism, Nature and Difference (New York: Routledge, 1989).

55. Cheryl Johnson-Odim, "Common Themes, Different Contexts: Third World Women and Feminism," in Mohanty, Russo, and Torres, eds., Third World Women, Feminism, pp. 316, 325.

56. Alice Walker, In Search of Our Mothers' Gardens (New York: Harcourt Brace Jovanovich, 1983), p. xi.

57. Gloria Anzaldúa, "An Introduction: Haciendo caras, una entrada," in Making Face, Making Soul: Creative and Critical Perspectives by Women of Color, ed. Gloria Anzaldúa (San Francisco: Aunt Lute, 1990), pp. xxi, xxv, xxvi. Also see Cherrie Moraga and Gloria Anzaldúa, eds., This Bridge Called My Back (Watertown, Mass.: Persephone Press, 1981).

58. Uma Narayan, "The Project of Feminist Epistemology: Perspectives from a Non-Western Feminist," in Gender/Body/Knowledge: Feminist Reconstructions of Being and Knowing, ed. Alison M. Jaggar and Susan R. Bordo (New Brunswick, N.J.: Rutgers University Press, 1989), p. 259.

59. Gayatri Chakravorty Spivak, In Other Worlds: Essays in Cultural Politics (New York: Routledge, 1988), pp. 151, 152, 208.

60. Susan Willis, Specifying, p. 16.

61. Patricia Hill Collins, Black Feminist Thought: Knowledge, Consciousness, and the Politics of Empowerment (Boston: Unwin Hyman, 1990), p. 202.

62. See Lisa Belklin, "Bars to Equality of Sexes Seen as Eroding Slowly," New York Times, 20 Aug. 1989, p. A26.

63. An interesting study of teenage girls by Carol Gilligan raises the question of whether the impact of strong black women on black teenage girls may explain why black teenage girls appear often to have higher self-esteem than white teenage girls. See Suzanne Daley, "Little Girls Lose Their Self-Esteem on Way to Adolescence, Study Finds," New York Times, 9 Jan. 1991, p. B6.

64. Trinh T. Minh-ha, Woman, Native, Other (Bloomington: Indiana University Press, 1989), p. 2. For a more particular historical discussion of the process of specifying feminism, see Aihwa Ong, Spirits of Resistance and Capitalist Discipline: Factory Women in Malaysia (Albany: State University of New York Press, 1987).

65. Evelyn Brooks-Higginbotham, "African-American Women's History and the Metalanguage of Race," Signs 17, no. 2 (Winter 1992): 255, 257-58.

66. Rosemary L. Bray, "Taking Sides Against Ourselves," New York Times Magazine, 17 Nov. 1991, p. 94.

67. Joan Morgan, "A Blackwoman's Guide to the Tyson Trial," Village Voice 37 no. 9 (3 March 1992): 40. Also see Anita Hill et al., "The Nature of the Beast," Ms. 11, no. 4 (Jan./Feb. 1992): 32-45.

68. Teresa de Lauretis, "Eccentric Subjects: Feminist Theory and Historical Consciousness," Feminist Studies 16, no. 1 (Spring 1990): 134.

69. See the collection Reading Black, Reading Feminist, ed. Henry Louis

Gates, Jr. (New York: Meridian, 1990), especially the Introduction, p. 8, for a discussion of the plural and racialized voices of women of color.

70. Mohanty, "Introduction," pp. 13, 7, 4.

71. Valerie Smith, "Loopholes of Retreat: Architecture and Ideology in Harriet Jacob's 'Incidents in the Life of a Slave Girl,' " in Gates, ed., Reading Black, Reading Feminist, pp. 212-226.

72. Judy Scales-Trent, "Commonalities: On Being Black and White, Different and the Same," Yale Journal of Law and Feminism 3, no. 2 (Spring 1990): 305, 316, 324.

73. Patricia Williams, Alchemy of Race and Rights, p. 125.

74. Trinh T. Minh-ha, "Not You/Like You: Post-Colonial Women and the Interlocking Questions of Identity and Difference," in Anzaldúa, ed., Making Face, Making Soul, p. 372.

75. Belkin, "Bars to Equality of Sexes," p. A26.

76. Pat Parker, "for the white person who wants to know how to be my friend," in Anzaldúa, ed., Making Face, Making Soul, p. 297.

77. Audre Lorde, "The Master's Tools Will Never Dismantle the Master's House," in Moraga and Anzaldúa, eds., This Bridge Called My Back, p. 99.

78. Carby, Reconstructing Womanhood, p. 53.

79. See Michele Barrett and Mary McIntosh, "Ethnocentrism and Socialist Feminist Theory," Feminist Review 20 (Summer 1985): 18-41. See also the responses by Caroline Ramazanoglu, "Ethnocentrism and Socialist-Feminist Theory: A Response to Barrett and McIntosh," pp. 83-86; and Hamida Kazi, "The Beginning of a Debate Long Due: Some Observations on 'Ethnocentrism and Socialist-Feminist Theory,' "pp. 87-91; both in Feminist Review 22 (Spring 1986).

80. See Carby, Reconstructing Womanhood, p. 20.

81. Angela Davis, "Reflections on the Black Woman's Role in the Community of Slaves," Black Scholar 3, no. 4 (Dec. 1971): 3-15; and her Women, Race and Class (New York: Random House, 1981).

82. Jacqueline Berrien, "Pregnancy and Drug Use: The Dangerous and Unequal Use of Punitive Measures," Yale Journal of Law and Feminism 2 (Spring 1990): 239-250.

83. E. Frances White, "Listening to the Voices of Black Feminism," Radical America 18, nos. 2-3 (1984): 7-26.

84. See Marian Wright Edelman, "The Black Family in America," in The Black Women's Health Book: Speaking for Ourselves, ed. Evelyn C. White (Seattle, Washington: The Seal Press, 1990), pp. 128-50; Angela Davis, Women, Culture, Politics (New York: Vintage Press, 1990); "Scapegoating the Black Family: Black Women Speak," special issue, Nation 249, no. 4 (24 July 1989); and Daniel Patrick Moynihan, "Another War—The One on Poverty—Is Over, Too," New York Times, 16 July 1990, p. A15. For an interesting discussion of the politics of motherhood of black women, see Eileen Boris, "The Power of Motherhood: Black and White Activist Women Redefine the 'Political,' '' Yale Journal of Law and Feminism 2 (Fall 1988): 25-50.

85. Alisa Solomon, "The Politics of Breast Cancer," Village Voice 36, no. 20 (14 May 1991): 22-27. Also see White, ed., Black Women's Health Book;

and Audre Lorde, The Cancer Journal (San Francisco: Spinster's/Aunt Lute, 1980).

86. Crenshaw, "Demarginalizing the Intersection of Race and Sex," p. 140.

87. Lynnell Hancock, "Ujamaa Means Controversy," Village Voice 35, no. 45 (6 Nov. 1990): 14. Also see Joseph Berger, "New York Panel Backs School for Minority Men," New York Times, 10 Jan. 1991, p. A1; Dirk Johnson, ''Milwaukee Creating Two Schools Just for Black Boys," New York Times, 30 Sept. 1990, p. A1; Felicia Lee, "Black Men: Are They Imperiled?" New York Times, 26 June 1990, p. B3; Helen R. Neuborne, "Girls Are Drowning, Too," New York Times, 16 Aug. 1991, p. A23; and Isabel Wilkerson, ''To Save Its Men, Detroit Plans Boys-Only Schools," New York Times, 14 Aug. 1991, p. A1.

88. For a much fuller discussion of bodily diversity and the need for reproductive rights, see Eisenstein, Female Body and the Law .

89. See Carby, Reconstructing Womanhood; Moraga and Anzaldúa, eds., This Bridge Called My Back; Chandra Talpade Mohanty, "Feminist Encounters, Locating the Politics of Experience," Copyright 1 (Fall 1987): 30-44; and Willis, Specifying .

90. See Charlotte Rutherford, "Reproductive Freedoms and African American Women," Yale Journal of Law and Feminism 4 (Spring 1992): 255-90.

91. National Black Women's Health Project, 1237 Gordon Street SW, Atlanta, GA 30310; and National Institute for Women of Color, 1301 20th St. NW, Washington, D.C. 20036.

92. Alisa Solomon, "Identity Crisis: Queer Politics in the Age of Possibilities," Village Voice 37, no. 26 (30 June 1992): 27-33.

93. Ellen Willis, "Shaky Ground: The Abortion Fight, Take Two," Village Voice 34, no. 29 (18 July 1989), p. 14.

94. See letter from the National Latina Health Organization to NOW, 31 March 1992. Available from: P.O. Box 7567, 1900 Fruitvale Avenue, Oakland, CA 94601.

95. See "Who's Sorry NOW? Women of Color Protest Pro-Choice March," Ms. 3, no. 1 (July/Aug. 1992): 88-89; and Catherine Manegold, "The Battle over Choice Obscures Other Vital Concerns of Women," New York Times, 2 August 1992, p. E1.

96. See "The National Conference Resolutions," National NOW Times 24, no. 6 (Aug. 1992): 12.


Notes
 

Preferred Citation: Eisenstein, Zillah R. The Color of Gender: Reimaging Democracy. Berkeley:  University of California Press,  c1994 1994. http://ark.cdlib.org/ark:/13030/ft887008bb/