Tuesday, August 12, 2014
The U.S. Feminist Judgments Project seeks contributors of revised opinions and commentary for an edited collection entitled Feminist Judgments: Rewritten Opinions of the United States Supreme Court. This edited volume is a collaborative project among feminist law professors and others to rewrite, from a feminist perspective, key Supreme Court decisions relevant to gender issues. Editors Kathy Stanchi, Linda Berger and Bridget Crawford seek prospective authors for 20 to 25 rewritten Supreme Court opinions covering a range of topics including reproductive rights, equal protection, the state’s use of criminal power, privacy, the family, women’s political participation, Title IX, employment discrimination and substantive due process. The editors also seek authors for commentaries of 1,500 to 2,500 words to put into context each of the rewritten cases.
The U.S. Feminist Judgments project was inspired by the successful collection and publication in Britain of Feminist Judgments: From Theory to Practice, edited by Rosemary Hunter, Clare McGlynn, and Erika Rackley. This volume, which included feminist versions of twenty-three key British decisions from the Court of Appeal and House of Lords, was published in 2010 and has been very well received. Like the sister project in Britain, the U.S. Feminist Judgments Project endeavors to pioneer “a new form of critical socio-legal scholarship” that illustrates how cases could have been decided differently had a feminist method been employed. We believe that U.S. Supreme Court law is ripe for this kind of scholarly treatment.
Those who are interested in rewriting an opinion or providing the commentary on one of the rewritten opinions should fill out an application here:
Applications are due by September 15, 2014 at 5:00 p.m. eastern. Editors will notify accepted authors and commentators by October 7, 2014. First drafts of rewritten opinions will be due on February 1, 2015. First drafts of comments on the rewritten opinions will be due on March 15, 2015. The editors are in the process of identifying a publisher; publication of the final volume is anticipated for late 2015.
A list of cases tentatively scheduled for rewriting is available here: http://www.law.temple.edu/pdfs/faculty/FeministJudgmentsSurveyResults.pdf
Applicants may indicate their preferences among the list of cases. Applicants also may suggest other cases for rewriting. The tentative cases were chosen with the input and advice of an Advisory Panel of distinguished U.S. scholars including Kathryn Abrams, Katharine Bartlett, Devon Carbado, Mary Anne Case, Erwin Chemerinsky, April Cherry, Kimberlé Crenshaw, Martha Fineman, Margaret Johnson, Sonia Katyal, Nancy Leong, Catharine MacKinnon, Rachel Moran, Melissa Murray, Angela Onwuachi-Willig, Nancy Polikoff, Dorothy Roberts, Dan Rodriguez, Susan Ross, Vicki Schultz, Dean Spade, Robin West, and Verna Williams.
From the ABA Journal, Pay Discrimination Alleged in Prof's Suit Against FAMU Law School
An associate law professor at Florida A&M’s law school claims in a lawsuit filed last week that the school pays male and female professors unequally.
According to allegations in the suit by Jennifer Smith, male associate law professors are “paid considerably more” than women in those positions, and the school “consistently hired men at considerably higher rates than women,” the Tampa Tribune reports at its Fresh Squeezed blog. Her suit claims equal pay violations, gender discrimination and retaliation.
Smith says she was granted tenure in 2010 but was denied a promotion to full professor, most recently last month. She claimed an administrator “sabotaged” her promotion by putting bad recommendations in her file in place of good ones, partly in retaliation for filing public records requests for pay information, the story reports. She also says she complained about the administrator after the person made some “threatening comments” about her.
A second female professor, Barbara Bernier, filed a similar complaint last year.
Sunday, August 10, 2014
A pervading online misogyny is the most visible reason why the internet is failing to live up to its potential to improve people's lives, a report for a digital charity has concluded.
Charles Leadbeater, an author and former policy adviser to the Labour government, argues in the report A Better Web, that the problem is so serious one solution could be awards for women who succesfully contend with online abuse.
An interesting piece from the Atlantic:
From start to finish, the latest Gaza conflict has largely been a man’s war. The Israeli negotiating team in Egypt does not include a single woman–not even Justice Minister Tzipi Livni, whose condition for joining the current governing coalition was that she head Israeli-Palestinian negotiations. Prime Minister Benjamin Netanyahu has instead appointed his own (male) representative, Yitzchak Molcho, to represent him in the delegation. Livni sits on Israel’s security cabinet, the small committee that has made most of the major decisions about this war, but, tellingly, she is the only woman at the table. The story is the same on Israeli television and in the country’s newspapers. According to a study by The Marker, fewer than 10 percent of all experts interviewed on news programs during the war have been women.
Saturday, August 9, 2014
From Slate, It is Good to be a "Bad" Feminist
I bristled a little at the title of Roxane Gay’s new collection of essays: Bad Feminist. Was that “bad” a backhanded boast, a Cool Girl’s rejection of all the supposedly militant and humorless “good” feminists out there?
Then I started reading the book, and I realized the professor cum novelist cum voice-on-the-Internet isn’t proclaiming herself a chiller, smarter, funnier feminist than anyone else. She is exploring imperfection: the power we (we people, and especially we women) wield in spite and because of it. Her essays, which are arresting and sensitive but rarely conclusive, don’t care much for unbroken skin. They are about flaws, sometimes scratches and sometimes deep wounds. Gay studies the cracks and what fills them.
It's been a big week for the National Basketball League.
- A team, the San Antonio Spurs, hired WNBA player Becky Hammon in what has been billed as the "first full-time female assistant" coach. (Although she's really the second, as Lisa Boyer worked for the Cleveland Cavaliers as an assistant coach in 2001-02). See Spurs Hire Becky Hammon, NBA's 2nd Female Assistant Coach
- The NBA players' union hired Skaden attorney Michele Roberts as executive director. Her impressive resume is here.
But the naysaying has already begun. See Male Basketball Coach Says a Female Coach Could Never Mold Could Never "Mold Boys into Successful Men" saying that women could never coach college basketball. Although men coach college women.
LIVING THINKERS: AN AUTOBIOGRAPHY OF BLACK WOMEN IN THE IVORY TOWER examines the intersection of race, class and gender for Black women professors and administrators working in U.S. colleges and universities today. Through their diverse narratives, from girlhood to the present, Black women from different disciplines share experiences that have shaped them, including segregated schooling as children, and the trials, disappointments and triumphs encountered in Academia
Thursday, August 7, 2014
Ben McJunkin has uploaded "Deconstructingn Rape by Fraud," in the Columbia J. of Gender and Law. The abstract reads:
In this Article, I critically examine the role of normative masculinity in determining the shape and scope of the criminal law doctrine of rape by fraud, which purports to criminalize sexual intercourse procured through certain material deceptions. In application, the rape by fraud doctrine is exceedingly narrow — deceptively induced sexual intercourse is rarely criminalized as rape, despite deception’s profound impact on the voluntariness of sexual consent. As the Article explains, the rape by fraud doctrine is thus in tension with the prevailing view that rape law principally protects a thick norm of individual sexual autonomy. Despite this tension, the narrowness of the rape by fraud doctrine is frequently defended, often by those who are most committed to individual autonomy elsewhere in rape law.
Through an analysis of court decisions and academic commentary, I demonstrate that those defenses largely rest on appeals to a romanticized ideal of the practice of seduction. I illuminate the link between seduction and a prevailing ideology of normative masculinity that allocates social status for men on the basis of demonstrations of sexual conquest. That ideology perpetuates narratives in which women, through their capacity to grant or withhold consent, hold power over men when pursued as objects for sex. Indeed, within this account, the transgression of women’s power is what makes sexual conquest worthy of masculine status. Deceptions used to procure sex are criminalized only in exceptional cases where the narratives of interpersonal power break down. Thus, the rape by fraud doctrine can be seen as codifying existing limits on masculine status transfer. Ultimately, I argue that understanding the rape by fraud doctrine in terms of normative masculinity exposes an important continuity between contemporary rape law and rape law historically, in which rape was a crime against men’s property interest in women.
Inez Milholland Boissevain, labor lawyer, feminist, and suffragist, joined Harriot Stanton Blatch’s Equality League of Self-Supporting Women (later the Women’s Political Union) and lectured, arranged rallies, and testified at hearings. A pacifist in World War I, Inez became a war correspondent in Italy. Her beauty and social standing were an asset to the movement, and she gained fame as the “Suffrage Herald,” riding a horse at the head of two vast suffrage marches, one down New York’s 5th Avenue, the other in Washington, D. C. in 1913. She was so striking a figure that she became a suffrage symbol, part of the movement’s enduring imagery.
In preparation for teaching a fall intersession class of ADR, I read the new book, Doug Linder & Nancy Levit's (UMKC) The Good Lawyer. Their defining characteristics of a good lawyer according to Linder and Levit are:
- Empathy (care about your client's case; put yourself in the client's shoes; active listening)
- Willpower (for the long-haul of litigation; stay healthy; reduce anxiety)
- Value the legal community (civility)
- Both Intuitive and Deliberative Thinking
- Realistic about the Future (avoid overconfidence; use decision trees)
- Serve the True Interests of the client (you are a counselor, not a hired gun)
- Integrity (pro bono, honesty, big picture justice)
- Persuasive (empathy, honesty, prepared)
- Maintain Quality in Changing Environment (no dishonest billing; work/life balance)
It was noted that women lawyers exhibit more empathy and better avoid the overconfidence problem.
Here's a review from WSJ.
From Justice Ginsburg's interview:
Justice Ruth Bader Ginsburg, fresh off a bruising loss in the Hobby Lobby birth control case last month, told Yahoo Global News Anchor Katie Couric in an exclusive interview that she believes the male Supreme Court justices who voted against her have a "blind spot" when it comes to women.
"Do you believe that the five male justices truly understood the ramifications of their decision?" Couric asked Ginsburg of the 5-4 Hobby Lobby ruling, which cleared the way for employers to deny insurance coverage of contraceptives to female workers on religious grounds.
"I would have to say no," the 81-year-old justice replied. Asked if the five justices revealed a "blind spot" in their decision, Ginsburg said yes.
The feisty leader of the court's minority liberal bloc compared the decision of her five male peers to an old Supreme Court ruling that found discriminating against pregnant women was legal.
Tuesday, August 5, 2014
Or, so declared the European Court of Human Rights:
Gay marriage is not recognized in Finland, and it appears to be staying that way at least for now.
According to the court, “[I]t cannot be said that there exists any European consensus on allowing same-sex marriages.”
From the NYT, Editorial, Kimberle Crenshaw (Columbia/UCLA), The Girls Obama Forgot
“ANYTHING that makes life harder for women makes life harder for families and makes life harder for children,” President Obama told an approving crowd last month, at a White House summit meeting on working families.
But this seemingly obvious point is not reflected anywhere in the president’s signature initiative on race — My Brother’s Keeper, a five-year, $200 million program that will give mentorships, summer jobs and other support to boys and young men of color, most of them African-American or Hispanic, and that entirely omits the challenges facing their mothers and sisters. At a meeting in Washington last week to announce new commitments to the program from corporations, school systems and nonprofits, Mr. Obama gave a perfunctory shout-out to “all the heroic single moms out there,” but did not utter the word “girls” even once.
Mr. Obama has told us why men of color are his focus. His moving story of the Kenyan father he knew for a month and the Kansan mother who went on to raise a president speaks volumes about his passion. But My Brother’s Keeper highlights one of the most significant contradictions of his efforts to remain a friend to women while navigating the tricky terrain of race. It also amounts to an abandonment of women of color, who have been among his most loyal supporters.
For a summary of Prof. Hanna's contributions as a professor, see Respected Vermont Law School Professor Dies. "She made her name known by creating an intellectual environment and by making everyone feel smart."
For her important work as a legal advocate for women's equal pay, see Key Lawyer Dies Before Equal Pay Case is Heard. "Hanna brought the case to the attention of the Vermont Commission on Women and wrote the organization's amicus brief in the case, which she would have presented Wednesday."
For insights from her husband, see Cheryl Hanna's Husband on Her Battle With Depression and The Mystery of a Popular Professor's Death Solved
And the official statement of the cause of death.
Sunday, August 3, 2014
On the one hand, there is the good news:
The new data presented by David Cotter and his co-authors suggest that support for gender equality and respect for women’s ability to combine work and family have resumed their upward progress. Other evidence reveals that millennial men express greater interest in more involved fatherhood and want more balance between work and family than previous generations.
....it remains to be seen whether these ideological changes will substantively reduce such structural inequalities as men’s continuing earnings advantage over women and women’s underrepresentation in highly paid occupations.
It’s not just younger Millennials who are embracing gender equality. David Cotter, a sociologist at Union College, and his co-authors foundthat support has been rising since 2006 among all age groups, among both men and women and among conservatives and liberals. Conservatives, actually, though their total numbers are lower than liberals, show the greatest increase in support.
But there's this:
Good news for Hillary: More than three-fourths of Americans now say that men and women are equally suited to politics, up from just 48 percent in 1977.
Saturday, August 2, 2014
Lisa Tetrault (Carneige-Mellon, history) has published The Myth of Seneca Falls: Memory and the Women's Suffrage Movement, 1848-1898 (UNC Press 2014).
The story of how the women's rights movement began at the Seneca Falls convention of 1848 is a cherished American myth. The standard account credits founders such as Elizabeth Cady Stanton, Susan B. Anthony, and Lucretia Mott with defining and then leading the campaign for women's suffrage. In her provocative new history, Lisa Tetrault demonstrates that Stanton, Anthony, and their peers gradually created and popularized this origins story during the second half of the nineteenth century in response to internal movement dynamics as well as the racial politics of memory after the Civil War. The founding mythology that coalesced in their speeches and writings--most notably Stanton and Anthony's History of Woman Suffrage--provided younger activists with the vital resource of a usable past for the ongoing struggle, and it helped consolidate Stanton and Anthony's leadership against challenges from the grassroots and rival suffragists.
As Tetrault shows, while this mythology has narrowed our understanding of the early efforts to champion women's rights, the myth of Seneca Falls itself became an influential factor in the suffrage movement. And along the way, its authors amassed the first archive of feminism and literally invented the modern discipline of women's history