"Our issues"

Legal Times, sponsor of a discussion of U.S. Supreme Court trends and decisions on school desegregation, criminal justice, business, and abortion, just posted the transcript. (Thanks to SCOTUSblog for the head's up.)
Take a wild guess: Which of the 4 panelists, each of whom argued in the 2006-2007 Term, was invited to talk about the last of those topics?
(a) Michael Dreeben
(b) Eve Gartner
(c) Thomas Goldstein
(d) Jeffrey Lamken
The answer's (b), of course.
Legal Times deserves credit for avoiding an all-male panel (something, as posted before, we continue to see at IntLaw conferences). But did it have to limit invitation to 1 woman, and did she have to be the designated abortion discussant?
The problem is not that Gonzalez v. Carhart got mention; to the contrary, that April 2007 decision also received IntLawGrrls' attention. The problem is that having the woman speak about abortion, while the men's talks covered the rest of society's concerns, reinforced the notion that abortion is the women's issue before the Court. Gartner, senior staff attorney at Planned Parenthood, might've unintentionally contributed to this notion by concluding:

[M]y bet is that the Court is not going to touch any abortion cases for a few years. I don't think they want to get involved with it again. So I don't think there will be anything on our issues.

Beg to differ.
► 1stly, the abortion jurisprudence, though it affects women most directly, implicates questions of privacy, of the proper role of government, of federalism, and of separation of powers, each of which has profound importance for all in persons in society. It is thus "our issue" only if "our" means all of us.
► 2dly, if "our issues" means issues of concern to women, our issues cover a gamut far broader than this matter alone, and many surface regularly in the high courts of our world. IntLawGrrls demonstrates this day in and day out: our posts've included "women's issues" like abortion and gender equality, of course, but also, and more often, issues of concern to all humanity. Examples include: reversing environmental degradation, improving the health of poor and rich alike, promoting peace and individual security as well as national security, enforcing fair wages and safety for all workers, bringing perpetrators to justice before fair tribunals. These are our issues.
What might Legal Times have done? An obvious answer seems to invite more than 1 woman, so that at least 1 speaks on matters not coded as "a woman's issue." Not possible, because too few women argued before the Court on other issues? If so, that raises a question of diversity of the bar that needs as much attention as this excellent roundtable properly paid to diversity among the Court's law clerks.

On August 18, ...

... 1997 (10 years ago today), Beth Ann Hogan became the 1st woman to enroll at the Virginia Military Institute, a 158-year-old institution of higher learning. Her enrollment followed nearly a decade of legal wrangling: resolving a sex discrimination lawsuit filed by the U.S. Department of Justice, the Supreme Court required the publicly funded academy to admit women. In her opinion for the Court, Justice Ruth Bader Ginsburg wrote that the Equal Protection Clause requires that gender-based classifications be supported by an "exceedingly persuasive" justification. As for the 17-year-old from Junction City, Oregon, Hogan left after her 1st semester of study; nonetheless, as indicated by the photo at right, VMI's website now prominently features its female cadets.
... 1977 (30 years ago today), authorities of South Africa's apartheid government arrested Steve Biko, leader of the Black Consciousness movement, and detained him pursuant to the country's Terrorism Act. Weeks later Biko died while in custody. A book chronicled the abuses that Biko suffered during interrogation, but the 1st official report to find government agents responsible was that of the post-apartheid Truth and Reconciliation Commission.

Humanitarian motives?

Yesterday's NY Times featured CARE's refusal of almost $50 million in federal funding in protest against American food aid policy. One of the world's largest providers of humanitarian relief, CARE's decision stemmed from its disapproval of U.S.-funded aid groups' sale of tons of subsidized American crops in African countries whose farmers are struggling to compete in their own domestic markets. This move has divided the humanitarian community, with some NGOs who receive federal funds arguing that the current system works just fine, thank you. Jimmy Carter warned of the political power of this position, noting that charities "speak from the standpoint of angels" and are thus difficult for politicos to dismiss. As the UN peacekeeper scandals have demonstrated most vividly, we need to be asking harder questions about the motivation and practices of humanitarian groups. A good start can be found in Rights in Exile: Janus-Faced Humanitarianism, a recent book by Guglielmo Verdirame and Barbara Harrell-Bond that investigates international organizations responsible for refugee protection, finding extensive and avoidable violations of the rights of the migrants in their care. While we should of course support the vital work that these groups perform, we should not be blinded to their shortcomings because of their humanitarian nature.
On a related note, a study recently reported in the Economist argues that "[c]harity is just as 'selfish' as self-indulgence." Dr. Geoffrey Miller of the University of New Mexico theorizes that because men look for self-sacrifice in their partner, women demonstrate blatant benevolence as a mating strategy (while men demonstrate their ability to provide through conspicuous consumption). I wasn't entirely convinced by this hypothesis; perhaps it was the gender stereotyping or the obliviousness to sexual orientation (at least as reported). But I'm interested in your thoughts, reader, as to whether the predominance of women in the international human rights field (discussed here) might stem in part from this impulse . . .

On August 17, ...

... 1906, Hazel Bishop was born in Hoboken, New Jersey. A chemist, she's credited with inventing the 1st "Lasting Lipstick" -- an invention she parlayed into a multimillion-dollar cosmetics enterprise.
... 1987 (20 years ago today), convicted Nazi war criminal Rudolf Hess committed suicide at age 93 at Spandau Prison in West Berlin, Germany. He'd been incarcerated there for the 41 years since his conviction in the 1st trial conducted by the International Military Tribunal at Nuremberg -- and for 21 years, he'd been the prison's lone inmate. The onetime top aide to Nazi leader Adolf Hitler'd made a bizarre flight to Scotland, ostensibly a unilateral bid to make peace with the Allies, in the middle of World War II.

Padilla's Wormhole

After less than two days of deliberation, Padilla and his co-defendants were convicted on all counts by a unanimous jury today. They will face sentencing in December. This conviction represents the first time Padilla’s case has been evaluated on the merits in his five years of confinement, and it’s difficult to know how much this verdict was tainted by his prior “enemy combatant” designation. As I and numerous others--such as our own Grace O'Malley just yesterday and Juliet Stumpf in her interesting work on pseudo-citizenship--have argued, his case presents a frightening example of the basic disregard of civil rights that has occurred far too frequently in the post-9-11 era. Despite O’Connor’s opinion in Hamdi acknowledging due process protections for U.S. citizens designated as enemy combatants, Padilla managed to come before the U.S. Supreme Court multiple times with no evaluation of whether his designation as such was appropriate. Moreover, this type of erosion of process and basic rights has occurred repeatedly in the United States and elsewhere when people are labeled as “enemies” or “others.”
Whether or not Padilla deserves his conviction on the merits, his case should serve as a reminder of why we need to fight for minimum protections of civil liberties and basic consistency in governmental treatment of terrorism suspects. As Judge Luttig, who originally wrote an opinion sympathetic to the Bush Administration, said in response to Padilla’s sudden redesignation from enemy combatant to criminal defendant:

For, as the government surely must understand, although the various facts it has asserted are not necessarily inconsistent or without basis, its actions have left not only the impression that Padilla may have been held for these years, even if justifiably, by mistake—an impression we would have thought the government could ill afford to leave extant. They have left the impression that the government may even have come to the belief that the principle in reliance upon which it has detained Padilla for this time, that the President possesses the authority to detain enemy combatants who enter into this country for the purpose of attacking America and its citizens from within, can, in the end, yield to expediency with little or no cost to its conduct of the war against terror—an impression we would have thought the government likewise could ill afford to leave extant. And these impressions have been left, we fear, at what may ultimately prove to be substantial cost to the government's credibility before the courts, to whom it will one day need to argue again in support of a principle of assertedly like importance and necessity to the one that it seems to abandon today. While there could be an objective that could command such a price as all of this, it is difficult to imagine what that objective would be.

On August 16, ...

... 1896, Kate Cormack, along with her husband George and a few others, found placer gold in Rabbit Creek, a tributary of the Klondike River. Renaming the creek Bonanza, they staked their claims. This sparked gold rush in the Yukon Territory of Canada, which attracted adventurers from all over the world the following year. In the undated postcard at left, she is hailed as "The Discoverer of the Klondyke."
... 1947 (60 years ago today), Carol Moseley Braun (right) was born in Chicago. Illinois voters elected her the 1st African-American woman to serve in the U.S. Senate, a post she held from 1993 to 1999. She ran unsuccessfully for the Democratic nomination for President in 2004. Moseley Braun served as the United States' Ambassador to New Zealand and Samoa from 1999 to 2001.

Padilla case to the jury

Today a federal jury's expected to begin deliberating the fate of José Padilla, a Brooklyn-born, Chicago-raised American citizen. Padilla was arrested at O'Hare Airport in 2002 and detained in a South Carolina brig for years based on the U.S. executive's assertion that he was an "enemy combatant" bent on helping al Qaeda by exploding a radiological device -- known as a "dirty bomb" -- inside the United States. At the Supreme Court in 2004, along with Rasul v. Bush and Hamdi v. Rumsfeld, Padilla's case was sent back to the trial court on jurisdictional grounds. Only when a 2d round of Supreme Court litigation loomed did the executive transfer Padilla to the custody of the federal criminal court in Miami, where he and 2 others've been on trial on charges unrelated to any "dirty bomb" plot.

Reporters, commentators -- even, at times, the judge -- have called the prosecution case thin. And as long ago as oral argument in 2004, questions have been raised about the harsh conditions of detention and interrogation that Padilla endured. (The photo, from a government video, depicts Padilla, shackled, blindered, and deafened, on his way to the dentist.) Those conditions haven't been before the jury, though, and the brand of "terrorist" might be hard to shake even in a thin case. My views on the case've just been published in the conclusion to Punish or Surveil, my contribution to a national security symposium edition of Iowa's international law journal, Transnational Law & Contemporary Problems. A sample:

Even an acquittal would not, by that fact alone, mean failure. Built into the American system of criminal justice is a tolerance for acquittal. A “fundamental value determination of our society,” to repeat Justice John M. Harlan’s oft-repeated maxim, is “that it is far worse to convict an innocent man than to let a guilty man go free.” This is scarcely less the case when acquittal results because governmental misconduct has placed certain evidence outside the bounds of a properly constituted court. Judicial exclusion of such evidence -- indeed, a prosecutorial decision not even to adduce such evidence -- serves the liberty interests both of the defendant on trial and of the society at large.

For a full understanding of the case and its potential consequences, you can do no better than to read Warren Richey's 3-part series just concluded in the Christian Science Monitor. The article titles tell the story:

► "US terror interrogation went too far, experts say; Reports find that Jose Padilla's solitary confinement led to mental problems."

► "US Gov't broke Padilla through intense isolation, say experts; Despite warnings, officials used 43 months of severe isolation to force Jose Padilla to tell all he knew about Al Qaeda."

► "Beyond Padilla terror case, huge legal issues; His detention and interrogation in the US raises basic constitutional questions."

Today's Monitor editorial commenting on the series states:

[T]he US military used terror -- Padilla had little or no human contact for more than three years -- to fight terror. ...
The jury well may find Padilla guilty, but it may also see the injustice done in his case, and decide otherwise.
Victory in war is sometimes a victory simply for the rule of law.

On August 15,...

... 1947 (60 years ago today), India won "long sought independence" from Britain, which transferred sovereignty "to the two dominions into which that land of 400,000,000 persons has been divided, India and Pakistan." Jawaharlal Nehru became the 1st Prime Minister of India. In Pakistan, which had won independence the day before, Mohammed Ali Jinnah was sworn in as Governor General. Violence spawned by the partition continued, however, a fact that the New York Times' reporter feared "cast a grim shadow over future." See an August 1947 newsreel on the events here.
... 1938, U.S. Rep. Maxine Waters (D-Cal.) was born in St. Louis, Missouri.
... 1937 (70 years ago today), U.S. Rep. Judy Biggert (R-Ill.) was born in Chicago.

...and counting...

(Occasional sobering thoughts.) While Iraqi legislators take a month's holiday in "London, Cairo, Dubai, Damascus, Tehran or at a resort in Iraq's safest region, autonomous Kurdistan," back home the casualty count continues: Iraq Body Count reports that as of today, between 69,334 and 75,775 Iraqis, women, children, and men, had died in the conflict -- an increase of 1,689 to 1,439 deaths in the last 3 weeks. American servicemember fatalities: 3,694 persons through today. Total coalition fatalities: 3,991 persons. (That's 63 servicemember deaths in 3 weeks, all but 5 of them Americans.) The Department of Defense reported a total of 27,279 servicemembers wounded, 8,163 of whom required medical air transport. Military casualties in the conflict in Afghanistan stand at 427 Americans and 225 other coalition servicemembers, an increase of 15 and 2, respectively, in the last 3 weeks. Reported injuries in Afghanistan also remained where they've been for well over a month: a total of 1,636 wounded U.S. servicemembers wounded is reported, 743 of whom required medical air transport.

On August 14, ...

... 2000, by its Resolution 1315, the U.N. Security Council authorized Secretary-General Kofi Annan to negotiate, with the government of Sierra Leone, the establishment of a mixed national-international tribunal for adjudication of crimes arising out of the civil war of the 1990s. Established 2 years later was the Special Court for Sierra Leone. As posted here, here, and here, the Court issued its 1st 2 judgments earlier this summer.
... 1929, U.S. Rep. Louise Slaughter (D-N.Y.) was born in Lynch, Kentucky.

Pretty in Pink

Scholars of constitutional and comparative law know well the story told by U.S. Justice Anthony M. Kennedy in Lawrence v. Texas (2003): in Bowers v. Hardwick (1986), then-Chief Justice Warren E. Burger was wrong to base his conclusion that the Constitution's Due Process Clause permitted criminal punishment of same-sex intimacy on the premise that such punishment was embedded in "Western civilization." Burger erred, Kennedy wrote, for the simple reason that by 1986 not only Britain, but also the European Court of Human Rights, had outlawed such punishment. Continuance of that trend among Western countries was cited as further support for a similar holding in Lawrence.
Preceding the ECHR's decision in Dudgeon v. United Kingdom (1981) had been a hard-fought battle in Northern Ireland, home to the statute that the Strasbourg Court rejected. Leader of efforts to retain criminal punishment there, notwithstanding abolition in Britain, was a political firebrand of a minister, Ian Paisley, who rallied crowds with this cry: "Save Ulster from Sodomy!"
Paisley remains political, having won the title of 1st Minister of Northern Ireland earlier this year. But he lost the Dudgeon battle: Free Derry Corner, a decades-old landmark, boasts a fresh coat of pink paint in recognition of this month's Pride celebration in Northern Ireland's 2d largest city. And an attempt to revive the old cry brought "thousands" to a Pride march in Belfast, its capital city. (photo by Peter O'Neill)
An aside on comparative constitutionalism: Though it eventually caught up with doings in Britain and Ireland, the U.S. Supreme Court neglected even in 2003 to give precise note to similar efforts by lawmakers elsewhere in Europe. Indeed, as this Le Monde article marking the 25th anniversary of those efforts indicates, France too had taken steps well before Burger put pen to paper in Hardwick.

On August 13, ...

... 2007 (today), portsiders throughout the world celebrate International Left-Handers' Day. (Saddled with identifiers like sinister and gauche, we need all the support we can get.) To the list of famous lefties on the day's official site we'll add 2 women already honored here at IntLawGrrls: Ruth Bader Ginsburg and Helen Keller.
... 1966, following the 1st meeting in 4 years of the Central Committee of its Communist Party, China announced plans for what it called a "new leap forward" -- a program of anticapitalist purges and Maoist reindoctrination that came to be known as the Cultural Revolution. Among those targeted were teachers and scholars; a wonderful novel on how two young students coped is Dai Sijie's Balzac and the Little Chinese Seamstress (Ina Rilke translator).

Sharia justice in Italy

A father slits his daughter’s throat. Another, aided by wife and son, lock a teenager in her room, tied to a chair, to be freed only to be savagely beaten. The girls’ crime? Westernization. The family’s punishment? In the second case, none. In Italy, where immigration is a relatively recent phenomenon, concerns of cultural diversity–and the fact that Fatima’s father had hit her only 3 times in her life—led a court of appeals to overturn the conviction of Fatima’s parents for sequestration. The high court confirmed the absolution last week, because Fatima was beaten not for reasons of “vexation” or “disdain”, but for improper behavior. And she was tied to the chair not for punishment, but to prevent her from carrying out her suicide threat. According to the Association of Moroccan Women in Italy, at least 9 Moroccan girls have been found dead in Italy in the last year, victims of family brutality. Outside the courthouse where preliminary hearings were being held in the case of Hina’s father, protests were held to show the judges that in Italy, Italian law applies. Trial opens in September.

On August 12, ...

... 1867 (140 years ago today), Edith Hamilton (left) was born in Dresden, Germany, to American parents; she grew up in Indiana. A student of Latin, Greek, French, and German as well as English, Hamilton returned to Germany after receiving a master's degree in the United States. "[S]he and her sister Alice ... were the first women students at the universities of Munich and Leipzi[g]." Among the books she wrote during her long academic career was Mythology (1942), to this day a staple introduction to classical studies. Athens, Greece, welcomed her as an honorary citizen in 1957, 6 years before her death.
... 1949, at Geneva, Conventions on the laws and customs of war were signed. The 4 treaties, the only treaties in the world that enjoy universal ratification, are the:
► Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field;
► Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea;
► Convention (III) relative to the Treatment of Prisoners of War; and
► Convention (IV) relative to the Protection of Civilian Persons in Time of War.

¡Felicitaciones, Cruz!

Heartfelt congratulations to my colleague, Cruz Reynoso, recipient of the American Bar Association's 2007 Robert J. Kutak Award, in recognition of his life's work as a lawyer, judge, and professor.
Those who spoke at yesterday's ceremony in San Francisco sketched an outline of Cruz's life: Growing up as 1 of 11 children in then-rural Orange County, California, where, as a child of Latino heritage, he attended segregated public schools. Rejecting those who said he was foolish to think he might one day go to college. Earning a bachelor's from Pomona College and a law degree from the University of California, Berkeley. Hanging out a shingle in El Centro. Becoming director of the California Rural Legal Assistance Foundation, and then a law professor at the University of New Mexico. Returning to California to join the bench. Eventually serving, from 1982-1987, as an Associate Justice of the California Supreme Court, the Latino to hold that position. Vice Chair of the U.S. Civil Rights Commission, U.S. delegate to the U.N. Human Rights Commission. Receiving the Presidential Medal of Freedom from President Bill Clinton in 2000 (above).
It's a truncated list of achievements, and yet it does not include what I've found most significant in the 6 years that Cruz, just retired this year as a chaired law professor at University of California-Davis, has been my colleague. He's a gentleman, in the best sense of the word -- a person of understatement and empathy, a mentor to his students, a friend to his colleagues. ¡Felicitaciones, Cruz, y muchisimas gracias!

On August 11, ...

... 1614, Lavinia Fontana (self-portrait at left), "the first woman in Western Europe to establish a painting career on par with her male counterparts outside of a court or convent," died in Rome. She'd been born in Bologna 62 years earlier, and received early training there from her father, also a painter. Unlike other women of the time, she was commissioned to paint not only portraits, but also large-scale works. Some, like the study of Minerva dressing at right, included figures of female nudes -- a subject that women were not then typically permitted to paint. Married at age 25 to another artist, Fontana continued to paint even as she gave birth to 11 children.
... 2003, declaring "History will remember me kindly," Charles Taylor resigned as President of Liberia and went into exile in Nigeria. As we've posted, he's now in custody at The Hague, facing trial on charges filed by the Special Court for Sierra Leone.

Fear and Loathing in America

The latest victims of the upsurge of anti-immigrant sentiment and immigration enforcement? First, those abroad: the Inter-American Development Bank reports that the number of undocumented immigrants in states without strong traditions of Latin American migration (think Louisiana, Georgia, North Carolina) who send remittances to Mexico have dropped from an average of 80% last year to 56% this year. This shift is likely due both to workplace raids by Immigration and Customs Enforcement (a.k.a. "ICE") as well as an upsurge in state legislation aimed at making life more difficult for the undocumented -- restrictions on drivers' licences, employer sanctions, etc. Immigration federalism, much debated in the legal academy, seems to be having a real effect on the ground: Undocumented immigrants in these "new migration" states report that it is getting harder and harder to find housing and jobs. In contrast, the undocumented in states with a long-standing Latino community (California, New York, Texas) have maintained a strong level of remittances to Mexico (around 67%). But the overall picture for Mexicans in traditional migration states is not entirely rosy, particularly for detained immigrants with health conditions. Rosa Dominguez, a pregnant 35-year old mother of five, died Tuesday in ICE custody in El Paso, Texas. ICE's spokeswoman claimed that Ms. Dominguez received adequate medical care, but her family disagreed. In San Pedro, California, the Los Angeles Daily Journal reports that Victoria Arrellano, a male-to-female transgender immigrant from Mexico was taken off her AIDS medication when she arrived at the ICE detention center in May. She died two months later. Medical experts explained that taking HIV patients off this particular medication could be deadly, and Victoria's fellow inmates reported that they asked the guards repeatedly to provide her with medical assistance, but their requests were ignored. As Lesley Wexler explains, we should be applying a human rights discourse to these problems, as the language of human rights could play a powerful role in "tempering urges to otherize, dehumanize, and blame migrants." In the words of Dominguez's niece, "They're still human beings, and they should be treated fairly." 'Nuff said.

Pretty good news from the war zone

As Afghan President Hamid Karzai opened the Afghani-Pakistani jirga (tribal council) for peace Thursday, tens of thousands of Shiite pilgrims marched peacefully through Baghdad to a shrine honoring an 8th-century imam, with little of the violence that has marred past celebrations. The only hitch was that Pakistan’s president, General Pervez Musharraf stayed home from the jirga to ponder the need for a state of emergency. Ceding to media, political and diplomatic pressure, he didn’t declare one. His absence from the jirga is not considered a major hurdle to peace building by Afghan officials, as more than 600 tribal leaders, the true power brokers in the region, are in attendance. Tribal elders from Pakistan’s most volatile region are not in attendance either, however, which may lessen the effect of the 4-day meeting, an idea hatched by presidents Bush, Karzai and Musharaff to calm the bloodshed. In an impassioned, if macho, plea to stop the killing, Karzai said the Taliban’s killing of women is tarnishing Afghanistan’s reputation: "It doesn't matter if they kidnap thousands of men, they abducted women!" he said, referring to the South Korean hostages. In reference to other attacks, he said:

"They behead women in the name of the Taliban and Muslims in this country. In Helmand, one woman was nailed to a tree. In Zhari, they cut a woman in half”.

Karzai believes that if Pakistani and Afghan “brothers” unite, the "disaster and cruelty in the two nations will be finished in one day." If over 600 tribal elders can agree on that, perhaps the end is in sight.

On August 10, ...

... 1905, the 1st World Congress of Esperanto, "a neutral, international language" devised as a 2d-tongue-for-all in 1887, opened in Boulogne-sur-Mer, France. Esperantists, as they call themselves, are "are internationally minded, concerned about social justice and peace, and are helping to preserve linguistic diversity." One thus suspects that these words -- "Mi estas multe pli internacia ol vi!" -- "I am more international than you!" -- are heard often where the Esperanto flag (left) is flown.
... 2000, in a Shari'a court in the Zamfara state of Nigeria, a woman named Amina Abdullahi was sentenced to 100 lashes for having had an extramarital affair. Among those citing the case was the U.S. State Department's 2001 country report on Nigeria.

Chillin'

There's something so last-millennium about the news that explorers have planted the Russian flag at the North Pole; to be specific, more than 2-1/2 miles underneath the pole. The move of these latter-day conquistadors would bemuse if the stakes weren't so high.
It's intended to give Russia rights to exploit "oil, gas and mineral reserves" believed to lie in the claimed "vast swathe of territory in the Arctic." The reserves are more accessible, U.S. Coast Guard Academy Professor Scott Borgerson writes, on account of the warming of the Arctic. And Russia's not the only interested state: Borgerson names a half-dozen more that claim interests in the Arctic, and demonstrates that the potential for an ice rush, if you will, calls for some international cooperation.
Eventually there should be a comprehensive Arctic treaty, he writes, and even before that, bilateral agreements.
An obvious route for cooperation is the 1982 U.N. Convention on the Law of the Sea. As posted earlier, however, the United States remains outside that treaty regime, a fact that reduces its leverage on this issue. In May, President George W. Bush called for ratification. But, as in the past, ratification's become a topic of heated debate. Senate Foreign Relations Committee Chair Joseph Biden's among Democrats in favor of ratification, while folks generally supportive of Bush are weighing in on both sides. It remains to be seen whether the support of this President can propel this multilateral treaty through the U.S. Senate.
(photo of flags at North Pole during Robert E. Peary's 1909 expedition (c) 1910 Frederick A. Stokes Co.)