Guest Blogger: L. Song Richardson

It's IntLawGrrls' great pleasure to welcome L. Song Richardson (right) as today's guest blogger.

A specialist in criminal law, criminal procedure, and prosecutorial ethics, Song is an Assistant Professor at DePaul University College of Law, and this semester she's a visiting professor at Boston College Law School. Song earned her J.D. from Yale Law School, where she was on the board of the Yale Journal of International Law, and her B.A. in psychology from Harvard College. While at Harvard she earned distinction for her classical piano performances, which included performances with the Boston Symphony Orchestra. Before entering academia, Song was a Skadden Arps Public Interest Fellow with the National Immigration Law Center, assistant counsel at the NAACP Legal Defense and Educational Fund, Inc. As a state and federal public defender and private practitioner of criminal defense, she represented defendants in numerous white collar, serious felony, and capital cases. That expertise is evident in Song's guest post below, which exposes a defect in foreign evidence-gathering mechanisms and proposes a solution to the problem.

Song dedicates her post to Shirley Anita St. Hill Chisholm (1924-2005) who, as Song writes,

in 1968, became the first African American woman elected to serve in the U.S. House of Representatives. She became an international figure as a vocal critic of the war in Vietnam and, throughout her career, tirelessly championed numerous issues including civil rights, women’s rights and the rights of the urban poor.

In addition, as prior IntLawGrrls posts have noted, Chisholm ran for the highest office in the United States. In her most concerted campaign she entered several Presidential primaries (below left), and received 151.95 delegate votes at the 1972 Democratic National Convention. In 1984 Chisholm was trounced in a bid for the Democratic nomination for Vice President by another woman, Geraldine A. Ferraro. Chisholm was not the 1st African American person nominated for President at a major-party convention. As we've posted, that milestone was reached in 1888 by Frederick Douglass, who'd also run for Vice President in 1872 on a minor-party ticket headed by a woman, Presidential candidate Victoria Claflin Woodhull. Nor was Chisholm the 1st woman nominated for President at a major-party convention; as we've also posted, 8 years earlier Margaret Chase Smith had made an unsuccessful bid for the Republican Presidential nod. Nonetheless, the placement in IntLawGrrls' foremothers list at right of this 1st African American woman to have her name placed in nomination is especially apt on this day of the inauguration of Barack Obama as the 44th President of the United States.

Heartfelt welcome!

Obama: It's About Us...

(Warning: This post has very little to do with international law. Instead, it’s about all those people with tears in their eyes in living rooms, bars, classrooms, conference centers, and a big sports arena in Denver, Colorado, on Thursday night. It’s about the smile on my mom’s face (she doesn’t get to smile often enough) when she got a glimpse of Senator Barack Obama at a campaign event last winter... Or maybe it is about human rights after all.)

Then and Now
As a child of the 60s and 70s, I was constantly instilled with the belief that individuals or groups could change the world. The problems of the day were clear even to children — war, racism and apartheid, sexism, violence in streets and homes, political corruption, abuses against immigrants, and grinding poverty in urban centers and rural valleys.
But the sense that we could participate in broad social movements and thereby could DO something about these things was palpable. We had the optimistic expectation that grassroots action and organized political pressure on governments could result in real change.
This sense of commitment to social justice was both substantive and enmeshed in popular culture. People flashed peace signs and Black power salutes to strangers on the street. We called each other “sister” or “brother.”
Women marched for “liberation” and passage of the Equal Rights Amendment. Music and art called for cross-cultural and cross-gender respect and dialogue.
Young people joined the Peace Corps.
Civil rights laws were passed, a massive anti-war movement took place, and anti-poverty, early childhood education, and healthcare programs were organized. Mrs. Fannie Lou Hamer, Vice-Chair of the Mississippi Freedom Democratic Party (see photo left: courtesy of UBM.com), testified about state-sanctioned racism and violence at the Credentials Committee before the 1964 Democratic National Convention in Atlantic City, New Jersey. (Prior IntLawGrrls post here; click here for audio and text of speech). Congresswoman Shirley Chisholm spoke out in favor of the Equal Rights Amendment and ran for President (lower right). (Prior IntLawGrrls post here.)
Such efforts had their successes and failures, as have the movements that came before them. Since then, however, we’ve seen the Gulf War, the September 11 crimes against humanity, the Iraq War, the Rwanda genocide, “ethnic cleansing” in the violent disintegration of the former Yugoslavia, systematic rape and sexual violence in the Democratic Republic of Congo, the Darfur genocide, and other violent conflicts throughout the world.
We’ve seen governments fail to protect the economic and social rights of the poor, persons with disabilities, the elderly, and other marginalized groups among us on a daily basis, as well as during massive crises such as Hurricane Katrina and Cyclone Nargis in Burma. We’ve seen too many young men in prisons or hospital emergency rooms who should have been in high school classrooms.
Fundamental human rights are under attack. Over the last 8 years, the absolute legal prohibition on torture under international law and the international and domestic laws protecting privacy and due process have been put up for grabs.
So, instead of the urge toward social change, a sense of cynicism, helplessness, and despair began to pervade the atmosphere and our popular culture. That included those of us in the academy.

“Rock Star” or Leadership?
What many pundits missed from the beginning about Senator Barack Obama’s presidential campaign is that Americans need to believe that THEY can do something that matters again. All the remarks about “rock star” status and “Obamania” aside, it is that desire that primarily motivates the crowds to show up in Iowa and New York, Wisconsin, and Illinois, South Carolina, Oregon, and now, Colorado.
Charges of “elitism” ring hollow. If anything, Obama’s life story fits the classic American Dream narrative instead. African-American son of a white working-class single-mother and a Kenyan immigrant rises to attend Ivy League schools on scholarship and loans. He ends up vying for the presidency of the United States. Elitism involves looking down on, or mistreating, others because of class bias, not whether one did well at a high-profile university.
Of course, many are engaged by the senator’s individual charisma, intelligence, oratory, and political savvy. We tend to be an image-driven society after all.
But when I talk with young and older people who are committed to the campaign, it is apparent that they have a sense of relief and renewed energy. Even the young felt beaten down and silenced by immoral and illegal official policies, unreliable or superficial news coverage, fears about relatives and friends sent off for third deployments in an ill-conceived war, anger that Americans had become hated targets for some, and frustration that the promises of the American Dream are still largely unattainable for most poor, working-class people, and people of color.

“Yes We Can”
That is why, like some other crusty skeptics of my generation, I found myself in tears in front of my computer when I first saw the “Yes We Can” music video making the rounds on the internet (and about which IntLawGrrls posted here). Nice song, yes. Stylish images, yes. Famous young entertainers, yes (although I was sufficiently out of touch not to know who most of them are). And evocative of Martin Luther King Jr.’s great oratory. (IntLawGrrls posted video examples of Dr. King's speeches here and here.)
What was most moving, however, was the evidence that young people had been inspired to believe that THEY, in diverse coalitions, could help create social change. Everything was possible.

The End of Racism? Or A Step in the Right Direction?
The Iowa primary was another such moment. No matter what followed, the buzz on the phonelines and e-mails was that change is possible. Possible, despite pundits that said racism would always prevail in presidential elections. Possible, despite the ingrained belief that voters would never think outside traditional race, class, and gender demographic expectations.
Yet, neither Obama himself, nor the rest of us can believe that a single primary, nomination, or election victory signals the end of racism in the United States. There are some who prefer to believe this, I know. But every long-time activist is aware that the ascendancy of “firsts” are an important beginning, not the end. Real change is broad, deep, and complex.

History
Still, it is those historic and symbolic moments—Rev. Dr. King proclaiming his dream for America in Washington, DC, and his vision for an end to the war in Vietnam and an end to poverty at home (click here for audio of his “Beyond Vietnam — A Time to Break Silence” speech) and the Obamas’ potential to be the First Family of the United States — that inspire us all to keep working for change.

Another Old Feminism icon jumps the shark*

As one with a penchant for wearing my Ms.-issued T-shirt, "Never Underestimate the Power of a Woman," I was thrilled back in the summer of 1984 at the prospect of casting 1 of my 1st-ever top-of-the-national-ticket votes for Geraldine A. Ferraro (left). Ferraro had just defeated an African-American candidate, former Congresswoman and presidential candidate Shirley A. Chisholm, by a delegate vote of 3,920 to 3, to seize the Democratic vice presidential nomination.
Was unsettled soon after that convention by stories questioning my candidate. Was discomfited later in the season, as I watched what, I was forced to admit, did not seem to me anywhere near the stellar performance I'd expected in Ferraro's debate with her GOP opponent, incumbent Vice President George H.W. Bush. Neither matter was enough to change my vote, though.
The chance to put A Woman in the White House trumped any and all doubts in my mind.
Other voters disagreed, however, and in 1984 Republicans trounced Ferraro and her presidential slatemate, Walter Mondale, by a popular vote margin of 58.8% to 40.6%, an electoral vote margin of 525 to 13, and an abysmal states-won margin of 49 to 1.
The experience taught me caution in choosing candidates.
I have voted, of course, for many women since, for in these interim decades there have been many, many women on the ballot. But I have never voted for The Woman when convinced that her opponent was the better choice. In general, I have been pleased with the women who've led where I lived -- U.S. Sen. Barbara Boxer and House Speaker Nancy Pelosi, to name 2. But by no means have all women leaders pleased me. Still, as this post indicates, I've carried a soft spot for Ferraro all these years, notwithstanding that her candidacy resulted in 4 more years of Reagan-Bush, followed by 4 of Bush-Quayle -- a stretch that helped pave the way for 7-years-and-counting of Bush-Cheney.
No soft spot any more.
IntLawGrrl Johanna E. Bond wrote a while back of her disappointment in Ms. founder Gloria Steinem. Now Ferraro's joined Steinem as an icon of Old Feminism who seems bent on permanently staining her own image in the eyes of New Feminists.
No stomach for repeating what Ferraro's said these last several days; click to read her initial words, and her subsequent defense of herself.
Suffice it to say that a "feminism" that defends women against all, and above all, a "feminism" that reduces everything to a phenomenon to be explained by assigned identities, that ignores intersections among sex and class and race and ethnicity and other attributes, a "feminism" that divides when it ought to unite, deserves no embrace.
Words of division merit only 1 response: denunciation and rejection, now and always.

* "jump the shark" is among my favorite phrases; definition here.