Thursday, January 29, 2015
Rutgers-Camden Vice Dean Adam Scales tells students to stop being sexist.
Inside Higher Ed, Brains, Not Clothes
Many female professors complain that students evaluate them in sexist ways based in part on appearance, and data suggests that's true. But few administrators have spoken out against student bias in evaluations, and tend to treat it more as an inevitable if unfortunate part of the process. So a recent mass e-mail to students at Rutgers University School of Law at Camden from Adam Scales, vice dean, stands out.
“Throughout my academic career, I’ve displayed an array of sartorial styles. For years, I veered sharply between ‘Impoverished Graduate Student' and ‘British Diplomat,’” Scales wrote. “Of course, one would never know any of this by reading my student evaluations. That’s because I’m a man.”
Scales goes on to explain that an unnamed student has explored, “in some detail, the fashion stylings of one of your professors,” and that that professor is a woman.
He continues: “Women are frequently targets of evaluative commentary that, in addition to being wildly inappropriate and adolescent, is almost never directed at men. Believe me, I am about the last person on this faculty for whom the ‘sexism’ label falls readily to hand, but after a lifetime of hearing these stories, I know it when I see it. Anyone who doubts this would find it instructive to stop by and ask any one of our female professors about this and similar dynamics.”
Yes, nearly all women in the legal profession, including law school professors, have found themselves the victims of “wildly inappropriate and adolescent” commentary about their style of dress. And yet, in recent memory, Vice Dean Scales is the only member of legal academia to defend his female colleagues from these unwarranted attacks. Why aren’t more law school deans speaking out against sexism in the legal profession? [Emphasis added]. If you’re a dean, the next time you’re considering prattling on about the value of a law degree, perhaps you ought to dedicate some time to figuring out how to improve the state of this profession for women, who represent nearly half of all law school graduates, and who make up about 34 percent of all practicing lawyers.
Despite the title of this article, Salon, How Progressives are Changing from Professionals to Populists, its more about the deteriorating professions in medicine, law, and the academy.
Nobody is talking about it, but the professions are collapsing. And as they collapse, they will take a certain kind of center-left progressivism with them. There will be some sort of liberal left in the future, but it probably will not resemble the school of progressivism familiar from Woodrow Wilson to Barack Obama, a school rooted in the professional class.
For more than a century, the American upper middle class has been divided between “professionals” and “managers.” The elite professions—doctors, lawyers and professors—have shared several characteristics. Although professionals may choose to specialize, they are essentially generalists. The ideal professional is self-employed or works with partners, instead of working in a corporate or public bureaucracy. ***
The professoriate is in an advanced state of decay. The tenured university professor may soon go the way of the medieval knight and the 18th century dancing master. The number of nontenured faculty teaching at accredited colleges and universities has risen from fewer than half in 1975 to nearly two-thirds today. Many of these teachers are poorly paid adjuncts without benefits. The class division (no pun intended) between academic sweatshop workers and privileged tenured faculty is not likely to last. Whether higher education is nominally public, nonprofit or for-profit, its transition from a service provided by largely independent professionals to an industrialized sector seems inevitable.
How did that happen? It started during the Great Depression as "a source of 'fiscal stimulus,' if you will," says Arizona State University's Chris Herbst, an associate professor in the school of public affairs.
The Works Project Administration first ran the day cares. The idea was to employ teachers and to also watch kids so that their unemployed parents could look for jobs. When women replaced deployed soldiers in the domestic workforce during World War II, the government funded a major expansion.
That all ended with the war, and though in the early 1970s Congress approved a similar program, Herbst says aides convinced President Nixon to veto it.
Wednesday, January 28, 2015
After years of behind-the-scenes meetings between LGBT advocates and top Mormon leaders, church officials Tuesday announced for the first time general support for legislation to protect LGBT people in areas such as housing and employment – as long as accommodations are made to protect the freedom of religious people who oppose such measures.
“We must all learn to live with others who do not share the same beliefs or values,” read a statement released at a midday Salt Lake City news conference.
Church officials emphasized that there has been no change of the doctrine. The Church of Jesus Christ of Latter-Day Saints teaches that it goes against the law of God to have sex outside of marriage between a man and a woman.
LGBT advocates had mixed reactions to the announcement, which mirrors a national discussion about how to balance civil rights of gays and lesbians with the religious freedom of conservatives of different faiths who oppose gay equality, among other liberalizing moves.
ALBANY, N.Y. (AP) -- The governor is calling for an amendment to the state's civil rights law to protect transgender New Yorkers from discrimination in housing, employment, credit, education and public accommodations.
Gov. Andrew Cuomo says in his state of the state speech Wednesday that the Legislature should pass a bill to add "gender identity or expression" as a protected class.
Previous amendments have expanded the 1945 law that banned discrimination on the basis of race, color, creed and national origin.
And some commentary from the Human Rights Campaign.
Tuesday, January 27, 2015
From the New Yorker: America's Family-Leave Disgrace
What do Papua New Guinea, Oman, and the United States of America have in common? They are the only three countries in the world with no paid-maternity-leave law. When you point out the deficiencies of the United States in this regard, somebody often replies, “This isn’t Scandinavia; we can’t impose cuddly capitalism”—the M.I.T. economist Daron Acemoglu’s phrase—“and still enjoy economic growth.” Granted, we’re not Sweden, but neither are we Romania, Uganda, Bolivia, or any of the hundred and eighty-five other countries that, according to a 2014 report from the U.N.’s Institute of Labor, provide their citizens with paid leave to care for a new child. Ninety-eight of those countries offer paid leave for fourteen weeks or more. In his State of the Union address on Tuesday, President Barack Obama vowed to make family leave and sick days a priority in the final two years of his Presidency. He has work to do. In the United States, where all sorts of powers are commonly attributed to the private sector, many people might imagine that employers take up the slack. But the majority of U.S. employers do not offer paid family leave, for the simple reason that they don’t have to.
From the Legal History Blog: More on Women Trailblazers in the Law
We’ve previously posted on Women Trailblazers in the Law, an oral history project now sponsored by the American Bar Association’s Senior Lawyers Division. I am now pleased to report that two essays relating to that project are now available for free download. They are Memorializing the Work and Lives of Women Trailblazers in the Law, by Brooksley Born and Linda Ferren, and The Rules of Engagement: How Women Attorneys Broke Law’s Glass Ceiling, by Jill Norgren. Both appeared in the ABA’s Senior Lawyers Division’s publication, Voice of Experience.
Though women lawyers are outnumbered by males in partnerships at large law firms, they made strides at several law firms in Washington, D.C., in recent promotions.
Out of 35 law firms that announced the promotions of partners since October, 14 promoted as many or more females than men in Washington, D.C., theNational Law Journal (sub. req.) reports. In many cases, the proportion of women promoted to partner was greater in a law firm’s D.C. offices than in other locations.
Arent Fox promoted four lawyers nationally and all were women, the story says. Akin Gump Strauss Hauer & Feld promoted five lawyers to partner in Washington, D.C., and four were women.
Leaders of Arent Fox and Akin Gump told the National Law Journal that flexible work schedules help the firms retain and promote women. At Akin Gump, three of the four women lawyers promoted in D.C. have worked reduced hours and will continue to do so as partners.
Sunday, January 25, 2015
From bikini-clad beachgoer to veiled jihadist fugitive, the partner of Paris gunman Amedy Coulibaly underwent a startling metamorphosis that illuminates the dangerous potential behind militant groups' efforts to increase their recruiting of female terrorists.
Although French police initially questioned Hayat Boumeddiene, 26, five years ago, they acknowledge that she was subsequently able to make hundreds of phone calls and arrange meetings for Coulibaly through the wives of fellow assailants. She is then believed to have fled to Turkey just before the rash of killings in Paris this month, and is believed to have crossed into Syria.
The battle lines are clear: Some high-level church officials, most notably the conference of German bishops, want the church to relax its rules so that divorced Catholics can more fully return to church life, particularly by receiving communion, even if they have remarried. Traditionalists arepushing back fiercely, arguing that the indissolubility of marriage is ordained by God and therefore nonnegotiable.
In October, bishops from around the world argued about divorce, among other topics, at a synod on family issues; this October, a larger group of bishops will meet for a second Vatican synod at which they will decide whether to recommend changes. The decision of whether to act, then, will be up to Francis.
Saturday, January 24, 2015
The majority of young women and men today would prefer an egalitarian relationship in which work and family responsibilities are shared equally between partners if that possibility were available to them, according to a new study from the University of Texas at Austin and the University of California-Santa Barbara.
The study finds that when the option is made available to them, the majority of respondents -- regardless of gender or education level -- opt for a relationship in which they would share earning and household/caregiving responsibilities equally with their partner. Additionally, the study finds that if workplace policies that support work-family balance, such as subsidized child care, are in place, women are even more likely to prefer an egalitarian relationship and much less likely to want to be the primary homemaker or caregiver.
Will some future cohort of progressive-minded men cooking chili with grass-fed ground beef in their NFL-themed Crock-Pots one day fulfill the promise of decades of kitchen appliances and help ensure a better balance of housework at home? Based on past experience, it seems misguided to place too much faith in any technology for achieving equality between the genders. Strasser, the historian, suggested that family-friendly public policies, like family leave or subsidized child care, might be more fruitful.
1. Inspiring to hear other women's success stories.
2. Learning new skills to stay ahead of the curve, like granting writing or developing business plans.
3. Networking - that "New Girls Network"
Men's club mentality keeping women out of partnerships, Managing Partner roundtable finds
Large law firms need to radically change their cultures and working practices if they are to succeed in creating gender-diverse partnerships.
That's the view that emerged at a Managing Partner roundtable, which considered why many firms are still failing to develop gender-balanced partnerships and senior management teams.
"I don't know that we'll ever be able to get to 50 per cent diversity until the business of law as practiced by large law firms today changes," said Gina N Shishima, US head of IP transactions and patent prosecutions, and US chief diversity officer at Norton Rose Fulbright.
Women typically constitute more than half of the trainees and associates, but make up less than 20 per cent of the partners at international firms and about a quarter of the partners at London, regional and national firms, on average.
At equity partner level, female representation is even lower, ranging from 15 to 17 per centamong the UK's top 25 firms, fractionally up from the 14 to 15 per cent recorded in 2008, according to PwC data.
"Based on data alone, women should have achieved nearly 50 per cent parity as partners at the turn of the century," commented Lauren Stiller Rikleen, president of the Rikleen Institute for Strategic Leadership and executive-in-residence at the Boston College Center for Work & Family.
Law firm culture and unconscious bias play important parts in keeping women out of partnerships and senior management teams, according to panelists.
Friday, January 23, 2015
The lawsuit arrives with institutional assumptions about who is likely to be a restaurant server.
EUGENE, Ore. - International restaurant chain Ruby Tuesday, Inc. discriminated against male employees for temporary assignments to a Utah resort, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC's suit, in the spring of 2013 Ruby Tuesday posted an internal announcement within a 10-state region for temporary summer positions in Park City, Utah with company-provided housing for those selected. Andrew Herrera, a Ruby Tuesday employee since 2005 in Corvallis, Ore., wanted to apply because of the chance to earn more money in the busy summer resort town. However, the announcement stated that only females would be considered and Ruby Tuesday in fact selected only women for those summer jobs, supposedly from fears about housing employees of both genders together. Ruby Tuesday's gender-specific internal posting excluded Herrera and at least one other male employee from consideration for the temporary assignment.
Duke University recently became the first Common Application school to explicitly ask about students’ sexual orientation and gender identity.
The optional LGBTQ-inclusive essay question, which has a 250-word maximum, is intended to promote diversity and show Class of 2019 applicants that Duke is a welcoming community for all students, Christoph Guttentag, the university’s dean of undergraduate admissions, wrote in an e-mail.
Thursday, January 22, 2015
House Republican leaders abruptly dropped plans late Wednesday to vote on an anti-abortion bill amid a revolt by female GOP lawmakers concerned that the legislation's restrictive language would once again spoil the party's chances of broadening its appeal to women and younger voters.
In recent days, as many as two dozen Republicans had raised concerns with the "Pain Capable Unborn Child Protection Act" that would ban abortions after the 20th week of a pregnancy. Sponsors said that exceptions would be allowed for a woman who is raped, but she could only get the abortion after reporting the rape to law enforcement.
A vote had been scheduled for Thursday to coincide with the annual March for Life, a gathering that brings hundreds of thousands of anti-abortion activists to Washington to mark the anniversary of the Supreme Court's 1973 Roe v. Wade decision that legalized abortion.
But Republican leaders dropped those plans after failing to win over a bloc of lawmakers, led by Reps. Rene Ellmers (R-N.C.) and Jackie Walorski (R-Ind.), who had raised concerns.
This is a good time to review your recollection of what this foundational case and its related constitutional law actually did.
For the decision and oral argument, see The Oyez Project.
For the excellent history leading up to Roe, a must read is Linda Greenhouse (NYT) and Reva Siegel (Yale), Before Roe v. Wade: Voices that Shaped the Abortion Debate Before the Supreme Court’s Ruling (2012) (with documentary history).
For the history of abortion in the 19th century, when abortion before quickening (4 months) was generally available at common law until uniformly criminalized by the 1870s, see James Mohr Abortion in America: Origins and Evolution of National Policy (Oxford U Press 1979) and Reva Siegel, Reasoning From the Body: An Historical Perspective on Abortion Regulation and Questions of Equal Protection, 44 Stanford L. Rev. 261 (1992)
For a history of the immediate post-Roe aftermath, and the rise of so-called informed consent laws that we see exaggerated today, see my article on one of the first such laws in Akron, Ohio, Tracy A. Thomas, Back to the Future of Abortion Regulation in the First Term, 29 Wisconsin Journal of Law, Gender & Society 47 (2014)
Wednesday, January 21, 2015
Chinese health authorities on Wednesday described the gender imbalance among newborns as "the most serious and prolonged" in the world, a direct ramification of the country's strict one-child policy.
A Chinese government website
acknowledged that women were transferring blood samples overseas to determine the genders of their babies as part of an "underground chain for profit".
"This has further exacerbated the gender imbalance in our country's birth structure," the agency said.
Researchers have warned that large sex-ratio imbalances could lead to instability as more men remain unmarried, raising the risks of anti-social and violent behavior.
Of the British men surveyed, 54% said they were atheists or agnostics compared with only 34% of women.
The study also showed that Muslims in the survey had the fewest doubts about the existence of God and the afterlife.
The research involving more than 9,000 British people born in 1970 was analysed at the University of Essex.